Patna High Court
Arbind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioner is entitled to bail and is released on furnishing a bail bond.
Summary
The petitioner, Arbind Kumar, was arrested in a police raid on a vehicle where 22 grams of brown sugar was seized from co-accused Ajit Kumar. No narcotics were found on the petitioner, only a mobile phone, and he claimed to be a gratuitous passenger. He applied for bail under Sections 8(c) and 21(b) of the NDPS Act, 1985, citing clean antecedents and the fact that the co-accused from whose possession the contraband was recovered had already been granted bail. The State opposed the bail. The Court, noting the lack of possession by the petitioner and the bail already granted to the co-accused, ordered his release on bail with a bond of Rs. 10,000 and two sureties.
Issues considered
- Whether a gratuitous passenger, from whose possession no narcotic was recovered, is entitled to bail under the NDPS Act, 1985.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- gratuitous passenger
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14748 of 2026
Arising Out of PS. Case No.-197 Year-2025 Thana- SARE District- Nalanda
======================================================
Arbind Kumar S/O Sukharam Yadav R/O Vill.- Konan, P.S- ASthawan, Dist-
Nalanda
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Raj Kishor Prasad, Advocate
For the Opposite Party : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
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 Sare
P.S. Case No. 197 of 2025 dated 25.12.2025, registered for the
offence under Sections 8(c), 21(b) of the NDPS Act, 1985.
3. As per the prosecution case, a police team
intercepted a swift desire car and the persons seated in the car
tried to flee away, but were apprehended and from the
possession of co-accused Ajit Kumar, 22 grams of brown sugar
was recovered, while from the petitioner and co-accused
Saurabh Kumar mobile phones were recovered.
4. Learned counsel appearing for the petitioner
submits that nothing has been recovered from the conscious
possession of the petitioner while the petitioner was a gratuitous
passenger on the vehicle and a mobile phone was recovered from
Patna High Court CR. MISC. No.14748 of 2026(2) dt.12-03-2026
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him and the contraband brown sugar was recovered from the
possession of co-accused Ajit Kumar. It has been submitted at
the Bar that co-accused Ajit Kumar has been granted the
privilege of bail by a coordinate Bench of this Court by order
dated 10.03.2026 passed in Cr. Misc. No. 10942 of 2026. The
petitioner claims clean antecedents and he is in custody since
26.12.2025.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
particularly the fact that co-accused Ajit Kumar, from whose
possession contraband brown sugar has been recovered has been
granted the privilege of bail, let the, above named, petitioner be
released on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Principal Sessions Judge-cum-Spl. Judge,
Biharsharif, Nalanda, in connection with Sare P.S. Case No. 197
of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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