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Patna High Court

Sunny KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-
U


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