Patna High Court
Naresh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that, in view of the absence of incriminating material against the petitioner and the non‑compliance of Section 50 NDPS Act, regular bail should be granted.
Summary
The petitioner, Naresh Kumar, applied for regular bail in a case registered under Sections 21(c), 23(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging that the only incriminating material was recovered from co‑accused Suraj Kumar, who claimed the petitioner supplied the drugs. The petitioner was not arrested at the scene, no contraband was found in his possession except a mobile phone, and the prosecution had not complied with Section 50 of the NDPS Act concerning the co‑accused. He had been in custody since 31‑12‑2025 and had no prior criminal record. The State opposed bail, but the court, considering the lack of material against the petitioner and procedural lapses, ordered his release on regular bail with a bond of Rs.10,000 and two sureties. The application for bail was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the allegations of supplying narcotics.
- Whether the failure to comply with Section 50 of the NDPS Act regarding the co‑accused precludes granting bail.
- Whether the duration of custody and the petitioner’s clean antecedent justify the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 23(c), 29, 50
Subjects
- bail
- NDPS Act
- regular bail
- Section 21(c)
- Section 23(c)
- Section 29
- Section 50
- co‑accused
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19567 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- Haraiya District- East Champaran
======================================================
Naresh Kumar Son of Gopal sah Resident Of Village- Tumariya Tola Ward
No-3, P.s- Haraiya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Ranjan, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Haraiya P.S. Case No.
168 of 2025 dated 30.12.2025 registered for the offences
punishable under Sections 21(c), 23(c) and 29 of the N.D.P.S.
Act.
3. As per the allegation, 228 pieces of capsul of
Proximo-Spas and other tablets in several numbers has been
recovered from co-accused Suraj Kumar. The allegation against
the petitioner is that the said Suraj Kumar stated that he used to
purchase those articles at earlier point of time from the
petitioner.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.19567 of 2026(2) dt.25-03-2026
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petitioner was not arrested at the spot and nothing has been
recovered from his conscious possession. Moreover, on the
statement of co-accused Suraj Kumar, petitioner was arrested
and also no incriminating article has been recovered from him
except one mobile which he claims that it was his own and no
compliance of Section 50 of the N.D.P.S. Act with respect to co-
accused has been followed. It is further submitted that the
petitioner is in custody since 31.12.2025 having no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
as well as period of custody, the petitioner above-named is
directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned, East
Champaran at Motihari in connection with Haraiya P.S. Case
No. 168 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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