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Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner upon furnishing the prescribed bond and sureties.

Summary

The petitioner, Pappu Kumar, applied for bail in a case registered as Dehri (Town) P.S. Case No. 551 of 2025, wherein the prosecution alleged that 86.38 kg of ganja was recovered from a tractor and an additional 6.29 kg from a car in which the petitioner was seated. The petitioner contended that he had no knowledge of the contraband, was falsely implicated, and had no criminal antecedents, having been in judicial custody since 17-12-2025. The State opposed the bail, emphasizing the seriousness of the offences under the NDPS Act. After hearing both sides, the court considered the lack of direct connection between the petitioner and the seized narcotics and his clean record. The court concluded that bail was appropriate under the circumstances. Consequently, the petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the petitioner accused under Sections 8, 20(B)(ii)(c), 25 and 29 of the NDPS Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug offence
  • criminal procedure
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13946 of 2026
                     Arising Out of PS. Case No.-551 Year-2025 Thana- DEHRI TOWN District- Rohtas
                 ======================================================
                 Pappu Kumar Son of Late Tufani Singh Resident of Village - Murlipur, P.S.-
                 Sheo Sagar, District - Rohtas.
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Dehri (Town) P.S. Case No.551 of 2025 registered for the

                   offence punishable under Sections 8, 20(B)(ii)(c), 25 and 29 of

                   NDPS Act.

                                3. The case of the prosecution, in short, is that

                   altogether 86.38 Kg. ganja was recovered from a tractor and

                   before that tractor a car was going and from that car, altogether

                   6.29 kg. ganja was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He is only sitting in the said car. He was having no

                   knowledge regarding the contraband kept in the car. It has
            Patna High Court CR. MISC. No.13946 of 2026(2) dt.25-02-2026
                                                        2/2




                      further been submitted that there is no connection between the

                      tractor and the car. It has also been submitted that four persons

                      were sitting in that car. Petitioner is having no criminal

                      antecedent and he is languishing in judicial custody since

                      17.12.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the application for bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the learned

                      Sessions Judge, Rohtas at Sasaram in connection with Dehri

                      (Town) P.S. Case No. 551 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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