Patna High Court
Raja Kumar @ Rajababu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the regular bail application, granting bail to the petitioner subject to specified conditions.
Summary
The petitioner, Raja Kumar, was arrested on 28 January 2026 in connection with a case registered under Sections 20(b)(ii)(B) and 25 of the NDPS Act for allegedly handing over 3 kg of ganja to co‑accused Vikas Kumar. The prosecution’s case relied solely on the confessional statement of Vikas Kumar, with no narcotics recovered from the petitioner’s possession. The petitioner pleaded innocence, highlighted his clean antecedents and argued that he was arrested on the spot without any material seized. The State opposed bail, invoking the seriousness of the NDPS offences. The High Court, after considering the lack of direct evidence, the petitioner’s clean record and the circumstances of custody, allowed the regular bail application. Bail was granted on a bond of Rs 10,000 with two sureties and subject to conditions of regular police‑station attendance, trial cooperation, and verification of antecedents. The court clarified that its observations were prima facie and not to prejudice the trial.
Issues considered
- Whether regular bail can be granted to an accused under Sections 20(b)(ii)(B) and 25 of the NDPS Act when the only evidence is a co‑accused’s confessional statement and no narcotics were recovered from the accused’s possession
- Whether the petitioner’s clean antecedents and the circumstances of his arrest justify the grant of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 25
Subjects
- regular bail
- NDPS Act
- Section 20(b)(ii)(B)
- Section 25
- confessional statement
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20020 of 2026
Arising Out of PS. Case No.-197 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Raja Kumar @ Rajababu Kumar S/O Harischandar Manda @ Harishchandar
Mandal R/O Village- Gurhanwa, P.S- Kundwachainpur, Distt.- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Ms. Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Kundwachainpur P.S. Case No. 197 of 2025 registered for
offences under Sections 20(b)(ii)(B), 25 of the NDPS Act.
3. As per the prosecution case, there is recovery of 3
Kg of Ganja from one Vikas Kumar who has named the
petitioner as the person who has handed over the Ganja to Vikas
Kumar.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
petitioner is in custody since 28.01.2026 and has clean
antecedents. It is further submitted that the petitioner was not
Patna High Court CR. MISC. No.20020 of 2026(2) dt.30-04-2026
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arrested on the spot, and nothing has been recovered from his
possession. His name has transpired in the case on the basis of
the confessional statement of co-accused Vikash Kumar.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the allegation against the petitioner and the period of custody,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Kundwachainpur
P.S. Case No. 197 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Kundwachainpur Police
Station on every Sunday of each month. Any
default in appearance at the Police Station
would result in cancellation of bail bond of
the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii). At the time of accepting the
bail bonds of the petitioner, the Court below
Patna High Court CR. MISC. No.20020 of 2026(2) dt.30-04-2026
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shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed
for purpose of or in the name of verification.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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