Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
Bail was granted to the petitioner on the condition of a bail bond and sureties.
Summary
The petitioner, Sunny Kumar, was arrested as a passenger in a vehicle from which 15 kg of doda (cannabis) was seized, leading to charges under Sections 8, 15, 25 and 29 of the NDPS Act. He applied for regular bail, claiming innocence, a clean antecedent, and no risk of absconding or tampering with evidence. The State opposed the bail. The Court noted that the seizure was not from the petitioner's conscious possession and that the quantity was intermediate, and also considered his lack of criminal history. Consequently, the Court ordered his release on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions of family surety and regular appearance. The bail application was granted.
Issues considered
- Whether bail should be granted to the accused in an NDPS case involving an intermediate quantity of doda when the accused was merely a passenger and has no prior criminal record.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 15, 25, 29, 8
Subjects
- bail
- NDPS Act
- intermediate quantity
- drug possession
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10894 of 2026
Arising Out of PS. Case No.-1450 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Sunny Kumar S/o Manoj Saw R/o Village - Kusabija, Ward No. 6, P.S -
Dobhi, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar
For the Opposite Party/s : Mr.Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 1450 of 2025, registered for the offence punishable
under Sections 8, 15, 25, 29 of NDPS Act.
3. As per allegation, 15 kg of Doda was recovered from a
vehicle in which the petitioner was travelling.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
He is a person of clean antecedent. Except suspicion, there is
nothing against him. He is under custody since 28.11.2025. He is a
man of means and there is no chance of his absconding and
tampering with the evidence. He further submits that the petitioner
is ready to abide by the conditions which may be imposed by this
Court.
Patna High Court CR. MISC. No.10894 of 2026(3) dt.19-03-2026
2/2
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Taking note of the fact that the petitioner was a
passenger in the tempo which was carrying 15 kg of doda and
therefore it cannot be said that the recovery has been made from the
conscious physical possession of the petitioner, and also considering
the fact that the recovery is of intermediate quantity, and further that
the petitioner has no criminal antecedent, let the petitioner above
named, is directed to be released on bail on furnishing bail-bond of
Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where the
case is pending/successor court in connection with Excise P.S. Case
No. 1450 of 2025, subject to the following conditions:-
(i) One of the bailors shall be own/close member of the
family of the petitioner.
(ii) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the bail
bonds of the petitioner.
7. Accordingly, the prayer for bail is allowed.
(Alok Kumar Sinha, J)
kundan/-
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