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Patna High Court

Raja Kumar @ Rajababu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                              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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