Patna High Court
Sonu kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to conditions of bond, sureties, monthly police attendance, and verification of a clean antecedent.
Summary
The petitioner, Sonu Kumar, was arrested in connection with a case involving the recovery of 1 kg of charas and was implicated through a co-accused's confessional statement, though no contraband was seized from him. He has been in custody since July 7, 2025 and claims innocence and a clean antecedent. The petitioner applied for regular bail under Sections 20(B)(ii)(c), 23(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, while the State opposed the bail. The Court examined the facts, noting the lack of direct recovery from the petitioner and his claim of clean antecedent, and decided to grant bail. Bail was ordered on a bond of Rs. 10,000 with two sureties, subject to monthly police attendance and verification of his clean antecedent.
Issues considered
- Whether regular bail can be granted to the accused under the NDPS Act given the recovery of charas and the reliance on a co-accused's confessional statement.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)(c), 23(c), 29
Subjects
- bail
- NDPS Act
- charas
- regular bail
- clean antecedent
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1163 of 2026
Arising Out of PS. Case No.-193 Year-2024 Thana- SANGRAMPUR District- East
Champaran
======================================================
Sonu kumar S/o Bhutan Das R/o Village - Charpipara Tola Bhawanipur, P.S -
Sangrampur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 26-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Sangrampur P.S. Case No. 193 of 2024 registered for the
offence under Section(s) 20(B)(ii)(c), 23(c) and 29 of the NDPS
Act.
3. There is recovery of 1 Kg of Charas. The name of
the petitioner has come in the case on the confessional statement
of the co-accused from whose possession the recovery was
made. The petitioner is in custody since 07.07.2025. When the
petitioner was arrested, no recovery was made from the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
petitioner claims clean antecedent.
Patna High Court CR. MISC. No.1163 of 2026(5) dt.26-03-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds 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 Sangrampur P.S.
Case No. 193 of 2024 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Sangrampur Police Station
on every Sunday of each month. Any default in
appearance at the Police Station would result
in cancellation of bail bond of the petitioner.
(ii). At the time of accepting the bail
bonds of the petitioner, the Court below shall
verify the fact whether the petitioner has clean
antecedent or not. If it is found that the
petitioner has clean antecedent then only his
bail bonds shall be accepted by the Court
below. However, it is made clear that 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.
(Sandeep Kumar, J)
Shishir/-
U T
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