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Patna High Court

Niranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as no incriminating narcotic was found on his person.

Summary

The petitioner, Niranjan Kumar, was arrested in a vehicle check where 6.85 grams of heroin (smack) was recovered from a co-accused, not from him. He was charged under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner argued that no contraband was found on his person and that he was already on bail in four other cases, having been in custody since 3 December 2025. The State opposed bail, citing the seriousness of NDPS offences. Considering the lack of incriminating material against the petitioner, the court granted bail on a bond of Rs.10,000 with two sureties, ordering his release.

Issues considered

  • Whether bail can be granted in an NDPS case when no narcotic substance is recovered from the accused
  • Whether the seriousness of offences under Sections 8(c) and 21(b) of the NDPS Act precludes bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 8
  • Section 21
  • narcotics possession
  • criminal procedure
  • bond

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.14774 of 2026
                  Arising Out of PS. Case No.-1143 Year-2025 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Niranjan Kumar S/O Mahesh Mahto Resident of Village- Pekaha, P.S.- Korha,
                 District- Katihar
                                                                            ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Bimal Kumar, Advocate
                 For the Opposite Party :        Mrs. Veena Kumari Jaiswal, 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 Katihar

                   Town (Sahayak) P.S. Case No. 1143 of 2025 dated 02.12.2025,

                   registered for the offence under Sections 8(c)/21(b) of the

                   Narcotic Drugs and Psychotropic Substances Act, 1985.

                               3. As per the prosecution case, during course of

                   vehicle checking, three persons were apprehended on chase after

                   they tried to flee away from the vehicle. Petitioner also was

                   apprehended along with co-accused Ravi Kumar Ray and

                   Shrawan Kumar and from the possession of co-accused Ravi

                   Kumar Ray, 6.85 grams of smack was recovered.

                               4. Learned counsel appearing for the petitioner

                   submits that the contraband substance has been recovered from

                   the possession of co-accused Ravi Kumar Ray and nothing
          Patna High Court CR. MISC. No.14774 of 2026(2) dt.12-03-2026
                                                      2/2




                    incriminating has been recovered from the possession of the

                    petitioner. Although the petitioner is accused in four cases, but

                    he is on bail in all the cases. Petitioner is in custody since

                    03.12.2025 and it has been submitted at the Bar that charge-

                    sheet has been submitted in this case.

                                 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 nothing incriminating has been

                    recovered from the possession of the petitioner, 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 Chief Judicial Magistrate,

                    Biharsharif, Nalanda, in connection with Katihar Town

                    (Sahayak) P.S. Case No. 1143 of 2025.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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