Patna High Court

Akash Kumar @ Akash PaswanversusThe State of Bihar

Decided: 20 April 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

The court granted regular bail to the petitioner on furnishing a bail bond of Rs.10,000 with two sureties of the same amount.

Summary

Akash Kumar was arrested in connection with a case involving alleged offences under the Bihar Narcotic Substances Act, NDPS Act and Arms Act after a raid on his joint house recovered live cartridges, cash, a small quantity of a brown sugar‑like substance and mobile phones. The petitioner claimed he was falsely implicated, that the cash was meant for his daughter's marriage, that the narcotic quantity was minimal and that no arms were seized, and asserted there was no evidence tampering. He had been in custody since 17‑12‑2025 and sought regular bail, while the State opposed the relief. The court examined the facts, the nature of the seized items and the petitioner’s circumstances, and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount. The application for bail was therefore allowed.

Issues considered

Whether regular bail should be granted to an accused facing charges under Sections 111 and 3(5) of the Bihar Narcotic Substances Act, Sections 8(c), 21(b), 29 and 35 of the NDPS Act and Sections 25(1‑b)(a), 25 and 35 of the Arms Act.
Whether the quantity of the seized narcotic substance and the nature of the other seized items justify denial of bail.
Whether the petitioner’s claim of false implication and lack of evidence tampering affect the bail decision.

Legislation cited

Arms Act — s. 25, 25(1-b)(a), 35
Bihar Narcotic Substances Act — s. 111, 3(5)
NDPS Act — s. 21(b), 29, 35, 8(c)

Subjects

regular bail
NDPS Act
Arms Act
Bihar Narcotic Substances Act
criminal procedure
evidence
joint house
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14233 of 2026
                     Arising Out of PS. Case No.-368 Year-2025 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Akash Kumar @ Akash Paswan S/O Manohar Paswan Resident of
                 Mathurapur, P.S- Khagaria, District- Khagaria
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   20-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Khagaria P.S. Case No.

                   368 of 2025 dated 16.12.2025 registered for the offences

                   punishable under Sections 111 and 3(5) of B.N.S. and Section

                   8(c), 21(b), 29 and 35 of NDPS Act and Section 25(1-b)(a), 25

                   and 35 of Arms Act.

                                3. As per the prosecution case, the house of the

                   petitioner was raided and from the house of the petitioner five

                   live cartridges, cash amount of Rs. 1,04,800/-, 10 grams brown

                   sugar like substance and mobile phones were recovered.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner has falsely been implicated in this case. The

                   house in question is a joint house and only cartridges have been

                   recovered without any arms. Moreover, the cash amount was
           Patna High Court CR. MISC. No.14233 of 2026(3) dt.20-04-2026
                                                       2/2




                     kept in the house for the purpose of the marriage of the daughter

                     of the petitioner. The amount of brown sugar like substance is in

                     the intermediary quantity and much less than the commercial

                     quantity. Learned counsel for the petitioner has further

                     submitted that the charge-sheet has been submitted in this case

                     and there is no allegation of tampering with the evidence.

                     Although petitioner has been made accused in one another case

                     but not of similar nature and he is on bail in that case. The

                     petitioner is in custody since 17.12.2025.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for bail of the petitioner.

                                  6. Heard the parties and perused the record as well as

                     considering the facts and circumstances of the case, the

                     petitioner above-named is directed to be enlarged on bail on

                     furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     learned Court concerned, Khagaria in connection with Khagaria

                     P.S. Case No. 368 of 2025.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-
U      T

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