Patna High Court
Sujit GautamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioners.
Summary
Petitioners Sukesh Kumar and Sujit Gautam were arrested on 12 October 2025 after police recovered 318.58 grams of smack from a scooter during a vehicle check. They were charged under Sections 111 of the Bihar Narcotic Substances Act and Sections 8(c), 21(c), 22(c), 18(c), 29 and 50 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioners sought bail, arguing that the contraband was found on the vehicle, not in their personal possession, and that Sujit had a clean record while Sukesh was already on bail in other matters. The prosecution opposed bail, emphasizing the commercial quantity of the narcotics, Sukesh’s six prior cases, alleged regular contact with co‑accused, and the recent denial of bail to another co‑accused. Justice Rajesh Kumar Verma, after considering the seriousness of the offence and the antecedents, refused the bail applications, resulting in the petitioners remaining in custody.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act in view of the quantity of narcotics seized and their antecedents
- Whether the recovery of contraband from the vehicle, rather than from the accused’s personal possession, warrants bail
Legislation cited
- Bihar Narcotic Substances Act — s. 111
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 111, 18, 21, 22, 29, 50, 8
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- antecedent
- vehicle check
- contraband
- special judge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14901 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- Ratanpur District- Begusarai
======================================================
Sukesh Kumar Son of Ashok Mahto Resident of Village- Shanichra Asthan,
Ward No. 24, Miyanchak, P.S.- Ratanpur, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 1643 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- Ratanpur District- Begusarai
======================================================
Sujit Gautam S/o Ravindra Singh R/o vill- Ratanpur, Ward no-21, P.S-
Ratanpur, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 14901 of 2026)
For the Petitioner/s : Mr. Bipin Kumar
: Mr. Ravikant
: Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Bhanu Pratap Singh
(In CRIMINAL MISCELLANEOUS No. 1643 of 2026)
For the Petitioner/s : E. Raj, Advocate
: Mr. Anuj Kumar
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 19-06-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. Petitioners seek bail who are in custody since
15.12.2025 in connection with NDPS Case No. 77 of 2025
arising out of Ratanpur P.S. Case No. 86 of 2025 for the
offences punishable under Sections 111 of the BNS, Section
8(c), 21(c), 22(c), 18(c) and 29 of the NDPS Act
3. The prosecution case, in brief, is that on
Patna High Court CR. MISC. No.14901 of 2026(5) dt.19-06-2026
2/3
12.10.2025 at about 05.50 hours, during vehicle checking near
Dumri Road, Ratanpur, Begusarai police apprehended three
persons riding a TVS iQube Scooty. On searching of the scooty
318.58 gms. of smack was recovered from the dicky. Due
procedure under section 50 of the N.D.P.S. Act was followed in
presence of a Magistrate. The accused disclosed that the
contraband procured from Malda, West Bengal, for illegal
distribution. Accordingly, the accused persons were arrested and
incriminating articles were seized. Offence under the N.D.P.S.
Act is made out.
4. Learned counsel for the petitioners submits that
petitioner, namely, Sujit Gautam has clean antecedent and
petitioner, namely, Sukesh Kumar has antecedent of six cases
but he is on bail in the pending matters and they have falsely
been implicated in the present case. He further submits that, in
fact, nothing has been recorded from their conscious possession
or from the house of the petitioners rather the recovery has been
made from the scooty in question, thereafter, the petitioners
have confessed their guilt in the present case and except the
aforesaid nothing has come against the petitioners to suggest the
involvement of the petitioners in the present case.
5. Learned Additional Public Prosecutor on the other
Patna High Court CR. MISC. No.14901 of 2026(5) dt.19-06-2026
3/3
hand has vehemently opposed the prayer for bail of the
petitioners and submits that from perusal of paragraph 68 of the
case diary it appears that the petitioners are in regular touch
with the other co-accused persons. Apart from that the F.S.L.
report also confirms that the recovered contraband is more than
the commercial quantity, apart from that, the petitioner, namely,
Sukesh Kumar has antecedent of six cases but he is on bail in
the pending matters. It is next submitted that bail petition of co-
accused person, namely, Rakesh Gautam, has been rejected vide
order dated 18.04.2026 passed in Cr. Misc. No. 4631 of 2026
passed by this Court.
6. Considering the aforesaid facts, I am not inclined to
enlarge the petitioners on bail in connection with NDPS Case
No. 77 of 2025 arising out of Ratanpur P.S. Case No. 86 of 2025
pending in the Court of learned Sessions Judge cum Special
Judge (NDPS Act), Gaya.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
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