Patna High Court
Karu Paswan @ Sanjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that the petitioner is entitled to bail, subject to the conditions imposed.
Summary
Karu Paswan, arrested in connection with a case involving the seizure of 9.70 grams of heroin, sought regular bail for offences under the Bharatiya Nyaya Sanhita, 2023 and the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution alleged he helped co‑accused flee after the seizure, while the defence argued he was falsely implicated, no contraband was found on him, the quantity seized was intermediate and thus not covered by Section 37 of the NDPS Act, and he had a clean antecedent. The State opposed bail. The High Court, after considering the submissions, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding court attendance, bail cancellation for repeated offences, and verification of antecedents. The order clarified that any observations made would not affect the trial. The bail was therefore allowed subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the Bharatiya Nyaya Sanhita and the NDPS Act.
- Whether the intermediate quantity of narcotic seized attracts the rigors of Section 37 of the NDPS Act.
- Whether the absence of any incriminating article in the petitioner's possession justifies granting bail.
- Whether the prior granting of bail to co‑accused influences the petitioner's bail application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 125(a), 132, 152(b), 190, 191(2), 191(3), 329(3), 352
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 8(c)
Subjects
- bail
- regular bail
- criminal procedure
- NDPS Act
- intermediate quantity
- court conditions
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1249 of 2026
Arising Out of PS. Case No.-246 Year-2024 Thana- GANGABRIDGE District- Vaishali
======================================================
Karu Paswan @ Sanjeet Kumar, S/o Ramanand Paswan R/o village- Rampur
Nausahan, PS- Gangabridge, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bela Singh, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-02-2026 This 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 Ganga Bridge P.S. Case No. 246 of 2024
registered for the offences punishable under Sections 191(2),
191(3), 190, 329(3), 115(2), 118(1), 109, 132, 125(a), 152(b),
352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8(c),
21(b) and 29 of the Narcotic Drugs and Psychotropic
Patna High Court CR. MISC. No.1249 of 2026(2) dt.06-02-2026
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Substances Act, 1985.
4. As per the prosecution case, the allegation against
the petitioner is that he had been instrumental in getting the co-
accused persons flee away in a case where 9.70 grams of smack
were seized from the possession of the co-accused Vikky
Kumar.
5. The learned counsel for the petitioner submits that
the petitioner has falsely been implicated in this case and no
incriminating article has been recovered from his conscious
possession. It has further been submitted that the quantity of
seized articles belongs to intermediate quantity and therefore,
the rigors of Section 37 of the Narcotic Drugs and Psychotropic
Substances Act, 1985, is not applicable. It has next been
submitted that co-accused person, namely, Vikky Kumar, as well
as Guddu Kumar, has been enlarged on bail by a learned Co-
ordinate Bench of this Hon’ble Court as well as by this court in
Cr. Misc. No. 12632 of 2025 and Cr. Misc. No. 35707 of 2025
vide order dated 13.05.2025 and 28.05.2025 respectively. It has
lastly been submitted that the petitioner has clean antecedent
and he is in custody since 11.11.2025.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
Patna High Court CR. MISC. No.1249 of 2026(2) dt.06-02-2026
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7. Considering the aforesaid submissions made by the
parties, 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 Ganga Bridge P.S. Case No. 246 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
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.
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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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