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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                                        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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