Patna High Court
Niranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
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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