Patna High Court
Rajesh Kumar @ Tulsi Kumar @ Rajrsh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Bail was granted to the petitioner with specified conditions.
Summary
Petitioner Rajesh Kumar was arrested in connection with a NDPS case (sections 8(c), 21(b), 25 and 29) after police seized 198.54 grams of brown sugar from a vehicle. The petitioner argued that the seized quantity was below the commercial threshold and that the only item recovered from a co‑accused driver was a mobile phone. The State opposed bail, contending the petitioner was part of the recovery. The Court noted a similar bail order in Shivam Kumar’s case and the low quantity of the drug, and therefore granted bail with a Rs.10,000 bond, two sureties, and several conditions regarding court appearances, police attendance, non‑interference with witnesses, and abstention from further offences. The bail order was subject to cancellation if conditions were breached.
Issues considered
- Whether bail should be granted to a person accused under the NDPS Act when the seized quantity is below the commercial threshold
- Whether the petitioner’s custody since 07‑12‑2025 justifies bail despite the seriousness of the NDPS offences
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- drug seizure
- commercial quantity
- criminal procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18639 of 2026
Arising Out of PS. Case No.-280 Year-2025 Thana- BIHPUR District- Bhagalpur
======================================================
Rajesh Kumar @ Tulsi Kumar @ Rajrsh Kumar S/O Girdhari Kumar @
Girdhar Kumar R/o Village- Birbanna, Ward no. 09, P.S.- Bhawanipur,
District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Adv.
For the Opposite Party/s : Mr. Arun Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 13-05-2026 Heard the parties.
2. The petitioner is in custody in connection with
Bihpur P.S. Case No. 280/2025 for the offence punishable under
sections 8(c), 21(b), 25 and 29 of NDPS, Act of the Indian Penal
Code.
3. As per the prosecution story, the informant alleged
that during patrolling duty, a Scorpio was intercepted and upon
search, 198.54 gram brown sugar recovered/seized from the
accused persons. This led to the FIR.
4. Learned counsel for the petitioner submits that the
recovery/seizure is from Samir Kumar, he was a driver and only
mobile phone has been recovered from his possession. The
petitioner has remained in custody since 07.12.2025, the
Patna High Court CR. MISC. No.18639 of 2026(3) dt.13-05-2026
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recovered quantity is below the commercial one and the last
submission is that Shivam Kumar has been extended by a Co-
ordinate Bench in Cr. Misc. No. 22023 of 2026 on 08.04.2026.
5. Learned APP, Mr. Bharat Bhushan opposes the
prayer for bail submitting that he was also part and parcel of the
said recovery.
6. Taking into account the submissions of the parties,
as recorded above, coupled with the fact that similar situate,
Shivam Kumar has been granted relief and the seized quantity is
below commercial one, in that background, this Court is
inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) each with two sureties
of like amount each to the satisfaction of learned Principal
Sessions Judge, Bhagalpur in connection with Bihpur P.S. Case
No. 280/2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
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bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for one year to mark his
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay
Singh/Sanny Patel
U T
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