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Patna High Court

Shivam Kumar @ Shivam SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The arrest was illegal because the grounds of arrest were not furnished in writing, and the petitioner is entitled to bail.

Summary

Shivam Kumar was arrested in connection with an NDNDPS case alleging offences under Sections 8(c), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act. The petitioner contended that the police never furnished him with the grounds of arrest in writing, invoking Supreme Court judgments (Dr. Rajinder Rajan and Mihir Rajesh Shah) that such a lapse violates Articles 21 and 22 of the Constitution and renders the arrest illegal. The State argued that bail could lead to absconding or tampering with evidence, but did not dispute the failure to provide the grounds of arrest. The Court examined the submissions and held that the non‑provision of written grounds made the arrest unlawful, warranting the grant of bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bail bond of Rs.25,000 with two sureties, subject to cancellation if he attempts to delay the trial.

Issues considered

  • Whether the failure to provide the accused with written grounds of arrest violates Articles 21 and 22 of the Constitution and renders the arrest illegal.
  • Whether bail should be granted in an NDPS case where the arrest is alleged to be illegal.

Legislation cited

Subjects

  • bail
  • NDPS
  • grounds of arrest
  • Article 21
  • Article 22
  • illegal arrest
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18614 of 2026
                       Arising Out of PS. Case No.-104 Year-2025 Thana- Ratanpur District- Begusarai
                 ======================================================
                 Shivam Kumar @ Shivam Singh S/O Kanhaiya Kumar Resident of Village
                 Pramila Chowk Ward No 20 Near Roopdeo Clinic, P.S.- Ratanpur, Dist.-
                 Begusarai.
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Shri Amit Shrivastava, Sr. Advocate
                                                    Shri Amit Kumar, Advocate
                                                    Shri Rakesh Kumar Sharma, Advocate
                                                    Shri Girish Pandey, Advocate
                 For the Opposite Party/s :         Shri Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   24-06-2026                   1. Heard Shri Amit Shrivastava, learned Senior

                   Counsel for the petitioner assisted by Shri Amit Kumar, learned

                   Advocate and Shri Chandra Bhushan Prasad, learned APP for

                   the State.

                                 2. The petitioner seeks bail in Ratanpur P.S. Case

                   No.104 of 2025, NDPS Case No.100 of 2025 registered for the

                   offences punishable under Sections 8(c), 21(c) and 29 of the

                   N.D.P.S. Act.

                                 3. Learned Senior Counsel for the petitioner submits

                   that petitioner has antecedent of one case and is in custody since

                   18.12.2025 and the informant alleges that while patrolling on

                   17.12.2025 at 12:30 p.m., he got an information that smack is

                   kept at the rented house of Rambriksh and landlady is Sudha
Patna High Court CR. MISC. No.18614 of 2026(5) dt.24-06-2026
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          Devi. Accordingly, the rented premises of Rambriksh was raided

          and 3.340 Kg. of smack along with other articles were recovered

          from the rented room of Rambriksh and thereafter the informant

          again received an information that Rambriksh along with

          petitioner and Kumar Aryan @ Kartik were present near B.P.

          High School for dealing to supply the smack. Accordingly, the

          police force reached the place of occurrence, when three

          accused persons seeing the police force started fleeing but

          petitioner and Kumar Aryan @ Kartik were arrested, who

          disclosed that Rambriksh fled and from their possession various

          articles as detailed in the FIR were recovered, except narcotics

          and they disclosed the name of their associates as Sonu,

          Mahakal, Sachin, Raja, Nilesh and Abhash, who indulged in

          selling smack and also disclosed that an amount of Rs.20 lakhs

          was kept at the house of Aryan @ Kartik after selling smack,

          accordingly, the house of Aryan was raided and Rs.20,47,000/-

          was seized.

                       4. Learned Senior Counsel for the petitioner submits

          that petitioner has been falsely implicated in the instant case by

          the informant. It is further submitted that from perusal of the

          FIR, it would manifest that admittedly no narcotic was seized

          from him and it is alleged that based on disclosure of the
Patna High Court CR. MISC. No.18614 of 2026(5) dt.24-06-2026
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          petitioner, the house of Aryan @ Kartik was raided from where

          Rs.20,47,000/- was recovered which the informant alleges was

          the money kept after selling smack as disclosed by the

          petitioner. It is next submitted that the case was taken-up on

          07.05.2026 when a submission was made on behalf of the

          petitioner that though the petitioner was arrested but even after

          his arrest, the grounds of arrest were not disclosed to him which

          vitiated the arrest and for the said proposition reliance was

          placed on the orders of the Hon’ble Supreme Court in SLP

          (Crl.) No(s). 3326 of 2026 Dr. Rajinder Rajan Versus Union

          of India & Anr., as such, the State was directed to file a counter

          affidavit duly sworn by the Superintendent of Police, Begusarai.

          It is also submitted that a counter affidavit has been filed and

          from perusal of the averments made in the counter affidavit, it

          would manifest that the same does not even remotely suggest

          that the grounds of arrest were supplied to the petitioner after

          arresting him. It is further submitted that in the case of Dr.

          Rajinder Rajan (supra) a plea was taken based on the judgment

          of the Hon’ble Supreme Court in Mihir Rajesh Shah vs. State

          of Maharashtra & Another reported in 2026(1) SCC 500 that

          failure to furnish the grounds of arrest to an accused in writing

          amounts to violation of the fundamental rights guaranteed under
Patna High Court CR. MISC. No.18614 of 2026(5) dt.24-06-2026
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          Articles 21 and 22 of the Constitution of India and if the

          arrested person has not been informed of the grounds of arrest,

          the inevitable consequence would be that the arrest is being

          illegal and such person is entitled to be released from custody. It

          is next submitted that the allegation in the aforesaid case of Dr.

          Rajinder Rajan (supra) was that 2000 Tramadol tablets were

          recovered from the Corporate Hospital, Amritsar of Dr. Rajinder

          Rajan and based on the said allegation he was arrested but then

          grounds of arrest were not furnished to him, hence, the said plea

          was raised on his behalf. It is also submitted that the Hon’ble

          Supreme Court after considering the case in detail and on merits

          at para 20 held that “It is no longer res integra that supplying the

          grounds of arrest to the accused in writing before the arrest or,

          in a given case, under exceptional circumstances, immediately

          thereafter, is the mandate of the constitutional guarantees

          provided under Article 22(1) read with Article 21 of the

          Constitution of India. The ratio of the judgment in Mihir Rajesh

          Shah (supra) conclusively holds that any deviation from the

          above principle would lead to the arrest of the accused being

          declared illegal entitling such accused to be released forthwith”.

          Further, based on the material which was furnished before the

          Hon’ble Supreme Court, the Hon’ble Supreme Court released
Patna High Court CR. MISC. No.18614 of 2026(5) dt.24-06-2026
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          the appellants from the custody on the said ground.

                       5. Learned Senior Counsel for the petitioner, thus,

          submits that in the instant case also though informant alleges

          that petitioner was arrested from the place of occurrence after a

          chase but then after his arrest the petitioner ought to have been

          provided with the grounds of arrest in writing but then the same

          was not provided and the said fact is not disputed in the counter

          affidavit, hence, the petitioner is also entitled to be released on

          bail.

                       6. Learned A.P.P. for the State vehemently opposes

          the prayer for regular bail of the petitioner but then fairly

          submits after perusing the averments made in the counter

          affidavit that grounds of arrest were not provided to the

          petitioner after he was arrested nor the counter affidavit

          discloses that petitioner was furnished with grounds of arrest

          subsequently even but then submits that if the privilege of

          regular bail is granted to the petitioner, the petitioner may

          abscond or try to tamper with the evidence on which learned

          Senior Counsel for the petitioner submits that if petitioner is

          released on bail, the petitioner will not abscond rather will

          cooperate in the trial to prove his innocence.

                       7. After hearing the learned counsel for the parties
           Patna High Court CR. MISC. No.18614 of 2026(5) dt.24-06-2026
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                     and taking into consideration the submissions made by the

                     learned Senior Counsel appearing on behalf of the petitioner as

                     also the fact that grounds of arrest were not provided to the

                     petitioner in writing immediately after his arrest, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) with

                     two sureties of the like amount each to the satisfaction of the

                     learned Trial Court where the case is pending in connection with

                     Ratanpur P.S. Case No. 104 of 2025.

                                  8. One of the bailors of the petitioner shall be his

                     father, namely, Kanhaiya Kumar.

                                  9. However, it is made clear that if the learned Trial

                     Court comes to a conclusion that petitioner, after his release on

                     bail, is trying to delay the framing of charge or after framing of

                     charge is trying to delay the trial of the case in any manner in

                     both the conditions, the learned Trial Court shall be at liberty to

                     cancel the bail bonds of the petitioner.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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