Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Pankaj Kumar was arrested in connection with a case under Sections 8(c) and 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 after a seizure of buprenorphine and pheniramine injections from his possession. He contended that he was falsely implicated, that there was no independent witness to the seizure, and pointed out that co‑accused had already been granted bail. The State opposed the bail application. The Court noted that charges had already been framed and, after considering the submissions, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to several conditions including personal sureties, physical presence at trial, and verification of criminal antecedents. The bail order was granted, and the Court clarified that any observations in the order would not affect the trial.
Issues considered
- Whether bail should be granted to an accused in an NDPS case where charges have been framed and the offence involves possession of controlled substances.
- Whether the absence of an independent witness to the seizure and the bail of co‑accused affect the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 8(c)
Subjects
- bail
- NDPS Act
- Section 8
- Section 21
- criminal procedure
- seizure of narcotics
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1127 of 2026
Arising Out of PS. Case No.-694 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua)
======================================================
Pankaj Kumar, Son of Bablu Ram, Resident of Village- Awari, P.S.- Mohania,
District- Kaimur (Bhabhua)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghwendra Pratap Singh, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-02-2026 This is the second attempt of the petitioner for grant
of regular bail.
2. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
3. Petitioner, who is in custody, seeks bail in
connection with Mohaniya P.S. Case No. 694 of 2024 registered
for the offences punishable under Sections 8(c) and 21(c) of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
4. As per the prosecution case, the informant, on the
basis of secret information, apprehended two persons and on
search, 30 ampules containing 2 ml each of Buprenorphine
Injection Dolphine and 60 ampules containing 2 ml each of
Pheniramine Maleate Injection were recovered from the
possession of the petitioner. A certain other quantity has been
Patna High Court CR. MISC. No.1127 of 2026(2) dt.06-02-2026
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recovered from the other co-accused, namely, Sandeep Kumar
and also from the shop, namely, Narendra Medical Hall.
5. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. It has further been submitted that there is no independent
witness to the seizure and moreover, the two apprehended
accused persons, namely, Sandeep Kumar and Narendra Kumar
Singh, have been granted bail by the Co-ordinate Benches of
this Court, the order of which has been brought on record by
way of Annexure- P3. It has lastly been submitted that the
petitioner is in custody since 21.10.2024.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Considering the aforesaid submissions made by the
parties and taking account that charges have already been
framed, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (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 Mohaniya P.S. Case No. 694 of 2024, subject to
the following conditions:-
(i) One of the bailors of the petitioner shall
be his close relative and the other shall be local
Patna High Court CR. MISC. No.1127 of 2026(2) dt.06-02-2026
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resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled by
the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
8. Accordingly, the prayer for bail is allowed.
9. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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