Patna High Court
Jivan Kumar @ Jeevan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Bail is warranted in the present NDPS case as the quantities are intermediary, procedural lapses are evident, and the petitioners have no prior record.
Summary
The petitioners, Jivan Kumar and Nitish Kumar, were charged under Sections 8(c) and 21(b) of the NDPS Act for possession of 17.86 g and 8.43 g of smack respectively. They applied for regular bail, contending that they were falsely implicated, that the search and seizure procedures were not complied with, and that the quantities seized qualified as intermediary. The State opposed the bail on the ground of the seriousness of the offences. The Court, after considering the clean criminal records, the filing of the charge sheet, the lack of any allegation of tampering, and the procedural irregularities, ordered that bail be granted on a bond of Rs.10,000 with two sureties for each petitioner. Consequently, the bail application was allowed.
Issues considered
- Whether bail can be granted in an NDPS case involving Sections 8(c) and 21(b) where the seized quantities are intermediary and procedural lapses in search and seizure are alleged.
- Whether the petitioners' clean antecedent and the filing of the charge sheet justify regular bail despite the nature of the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- NDPS Act
- bail
- drug possession
- search and seizure
- intermediary quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14407 of 2026
Arising Out of PS. Case No.-195 Year-2025 Thana- RUPAULI District- Purnia
======================================================
1. Jivan Kumar @ Jeevan Kumar Son of Ravindra Pd. Yadav @ Ravindra
Prasad Yadav Resident of Village - Rupauli, P.S.- Rupauli, District - Purnea.
2. Nitish Kumar Son of Bablu Kumar Yadav @ Bablu Kumar @ Bablu Kumar
Yadav Resident of Village - Rupauli, P.S.- Rupauli, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned Counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners have preferred this application for
grant of regular bail in connection with Special (NDPS) Case
No. 298 of 2025 (arising out of Rupauli P.S. Case No. 195 of
2025) registered for the offences punishable u/s 8(c), 21(b) of
the N.D.P.S. Act.
3. As per the prosecution case, 17.86 gm of smack
was recovered from the possession of the Jivan Kumar
(petitioner no. 1) and 8.43 gm of smack was recovered from the
possession of Nitish Kumar (petitioner no. 2).
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and have falsely been
implicated in this case. It is further submitted that the mandatory
provisions of NDPS Act regarding search and seizure have not
Patna High Court CR. MISC. No.14407 of 2026(2) dt.12-03-2026
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been followed and the contraband recovered from the respective
possessions of the petitioners are intermediary quantities. It is
also submitted that the petitioners have clean criminal
antecedent and are in custody since 30.10.2025. It is lastly
submitted that the charge sheet has been submitted and there is
no allegation of tampering.
5. Learned APP for the state has vehemently opposed
the prayer for bail of the petitioners.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstances of
the case, let the petitioners above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Court concerned, Purnia, in connection with Special
(NDPS) Case No. 298 of 2025 (arising out of Rupauli P.S. Case
No. 195 of 2025).
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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