Patna High Court
ANKIT KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as no contraband was recovered from the petitioner’s conscious possession.
Summary
Ankit Kumar was arrested in connection with a raid that uncovered large quantities of heroin and live cartridges, leading to charges under multiple sections of the NDPS Act and the Arms Act. The petitioner contended that he had no conscious possession of any contraband, had no prior criminal record, and that the seized drugs were recovered from co‑accused individuals, not from him. The State opposed bail, arguing the seriousness of the offences. The Court noted the absence of any seizure from the petitioner’s possession and the lack of compliance with Sections 42 and 50 of the NDPS Act, and therefore decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions of personal surety, regular court appearances, and non‑interference with evidence or witnesses.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act when no contraband is found in his conscious possession.
- Whether the requirements of Sections 42 and 50 of the NDPS Act have been satisfied to justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 23, 25, 25A, 27(a), 29, 30, 32, 42, 50
Subjects
- bail
- NDPS Act
- Arms Act
- conscious possession
- drug trafficking
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13065 of 2026
Arising Out of PS. Case No.-898 Year-2024 Thana- SASARAM NAGAR District- Rohtas
======================================================
ANKIT KUMAR Son of Late Baijnath Chaudhary Resident of Mohalla
Chowk Bazar, Sasaram, P.S.- Sasaram (Town), District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mr.Raghunandan Kumar Singh, Advocate
Mr. Harendra Kumar, Advocate
Ms. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Sasaram Town P.S.
Case No. 898 of 2024 instituted for the offences under Sections
21, 23, 25, 25A, 27(a), 29, 30 & 32 of the NDPS Act and 25(1-
b)a, 26 & 35 of the Arms Act.
3. As per FIR, the informant has alleged that on
01.11.2024 at about 5 0' clock, on the basis of secret
information, he along with others raided in the house of Rohan
Chandravanshi. On seeing the police, one person tried to flee
away, who was caught. On query, he disclosed his name
Altumas and also disclosed that he and his associates Rohan
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Kumar @ Rohan Chandravanshi, Vikas Kumar @ Appu, Anurag
Raj were illegally selling heroin in Sasaram locality. It is further
alleged that on raiding the house of Rohan, informant caught
Rohan Kumar @ Rohan Chandravanshi, Gandhi Kumar, Yash
Kumar, Kundan Kumar and Vicky Kumar @ Mangru. During
search, 930 grams, 722 grams and 223 grams heroin along with
live cartridges etc. have been recovered from various places at
the instance of accused persons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 03.11.2024 and
has no criminal antecedent. There is no allegation of tampering
of witnesses alleged against the petitioner. Learned counsel
further submits that although huge amount of contraband has
been recovered but the same has been recovered from co-
accused persons and, in fact, no recovery of contraband has
been made from the conscious possession of the petitioner.
Learned counsel further submitted that in course of raid co-
accused Altmas @ Jaid Ali, Rohan Chandrabanshi and Vikash
Kumar disclosed his name to the Police stating that they are
selling the drugs in the locality of Sasaram. He further
submitted that during the course of search 930 grams heroin has
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been recovered from the house of Rohan Kumar @ Rohan
Chandravanshi, 722 grams recovered from the house of Arun
Chandrabanshi and 223 grams recovered from roof of abandon
house. The petitioner has no concern with the abandon house.
There is no compliance of Sections 42 & 50 of the NDPS Act.
Learned counsel for the petitioner further submits that other co-
accused Dhiraj Kumar has been granted bail by this Bench vide
order dated 28.01.2026 passed in Cr. Misc. No. 4514 of 2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and since nothing has been recovered from the
conscious possession of the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sasaram Town P.S.
Case No. 898 of 2024, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
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fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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