Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding no material basis to deny bail.
Summary
Sonu Kumar was arrested in a case under Sections 8(c), 21(b)(c) and 22(ii)(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after police recovered 42 grams of brown sugar from his co‑accused Sudhir Kumar. The petitioner contended that no contraband was found on his person, he had no prior criminal record, and he had been in judicial custody since 4 January 2026. The State opposed his regular bail application. After hearing both sides, the Patna High Court noted the lack of any seizure from the petitioner and his clean antecedent, and consequently ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order was directed to be complied with by the Sessions/Special Judge (NDPS) in Patna.
Issues considered
- Whether regular bail should be granted to an accused under the NDPS Act when no narcotic substance was recovered from his possession.
- Whether the petitioner’s clean antecedent and the circumstances of the seizure justify bail despite the seriousness of the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 21(c), 22(ii)(b), 8(c)
Subjects
- bail
- NDPS Act
- contraband
- brown sugar
- regular bail
- criminal antecedent
- seizure
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16539 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- SALIMPUR District- Patna
======================================================
Sonu Kumar Son of Ramnath Ray Resident of Village- Bahrampur, P.S.-
Raghopur, District- Vaishal. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 8(c), 21(b)
(c) & 22(ii)(b) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that police
had information that a person on a bike is to deliver contraband.
On this input, one Neeraj Kumar was apprehended by police. He
further disclosed that two persons are also involved in
delivering the contraband and they will come if he calls them.
Police party hide there and when the two persons came, police
apprehended them and they disclosed their name as Sonu
Kumar (petitioner) and one Sudhir Kumar. It is further alleged
that from possession of Sudhir Kumar, 42 gm. of brown sugar
was recovered.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.16539 of 2026(2) dt.16-03-2026
2/2
nothing has been recovered from the possession of this
petitioner. He was only with co-accused Sudhir Kumar. It has
further been submitted that from perusal of the seizure list also
it will transpire that no specific recovery has been shown from
the possession of this petitioner. Recovery, if any, has been
made from the possession of Sudhir Kumar. Learned counsel for
the petitioner has submitted that the petitioner is having no
criminal antecedent and he is in judicial custody since
04.01.2026.
5. Learned APP for the State has vehemently opposed
the bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Salimpur P.S. Case No. 02 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge/Special Judge
(NDPS), Patna.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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