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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Jitendra Kumar, was arrested after a police raid on his house, which was a joint family residence, recovered 135 grams of a brown sugar-like substance alleged to be a narcotic. The seizure was based on secret information that his brother, Rohit Kumar, was storing and selling the contraband. The petitioner claimed innocence, stating he had no prior criminal record, the quantity was not commercial, and he was falsely implicated. The State opposed bail, invoking Sections 8(c) and 21(b) of the NDPS Act. The court, after considering the facts, the modest quantity, lack of antecedents, and the absence of a charge sheet, ordered the release of the petitioner on bail with a bond of Rs. 10,000 and two sureties. The bail order was pronounced by Justice Khatim Reza.

Issues considered

  • Whether bail should be granted to the accused under Sections 8(c) and 21(b) of the NDPS Act given the quantity seized and the circumstances of the arrest.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotic drugs
  • small quantity
  • joint family house
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14705 of 2026
                     Arising Out of PS. Case No.-11 Year-2026 Thana- NOORSARAI District- Nalanda
                 ======================================================
                 Jitendra Kumar, S/o Vijay Prasad @ Vijay Yadav, R/o Village - Kakhra, P.S -
                 Noorsarai, District - Nalanda

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anirudh Kumar Sinha, Adv.
                 For the Opposite Party/s :      Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   12-03-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Noorsarai P.S. Case No. 11 of 2026 dated 13.01.2026

                   registered for the offence punishable under Sections 8(c)

                   and 21(b) of the N.D.P.S. Act.

                                3. As the F.I.R., the police received a secret

                   information that one Rohit Kumar, son of Vijay Yadav is

                   storing and selling brown sugar like substance at his house.

                   During the raid in the house of Rohit Kumar, a persons

                   attempted to flee away but was caught with the help of the

                   police personnel and on being asked he disclosed his name

                   as Jitendra Kumar (petitioner) and on search of the house
Patna High Court CR. MISC. No.14705 of 2026(2) dt.12-03-2026
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          106 packets containing brown sugar like substance was

          recovered from a concealed place in the room of the

          petitioner. The total weight of the seized contraband

          including the packets was found to be 135 gms.

                       4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has been falsely implicated in

          this case. It is submitted that from perusal of the F.I.R.,

          police personnel received secret information that one Rohit

          Kumar is storing and selling some contraband substance.

          The petitioner is full brother of the said Rohit Kumar and

          the house of the petitioner is joint house of the family. The

          seized contraband substance is much less than commercial

          quantity but more than the small quantity. The petitioner is

          in custody since 13.01.2026, having no criminal antecedents

          and charge-sheet has not been submitted in the case.

                       5. Learned A.P.P for the State opposes the prayer

          for bail of the petitioner.

                       6. Having considered the facts and circumstances

          of the case and submissions of learned counsel for the

          parties, let the petitioner be released on bail upon furnishing

          bail bonds of Rs. 10,000/- (ten thousand) with two sureties
            Patna High Court CR. MISC. No.14705 of 2026(2) dt.12-03-2026
                                                        3/3




                      of the like amount each to the satisfaction of the learned

                      Principal Sessions Judge-cum-Special Judge, Nalanda,

                      Biharsharif in connection with Noorsarai P.S. Case No. 11

                      of 2026.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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