Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, subject to a bail bond and verification of a clean antecedent.
Summary
Mukesh Kumar was arrested in connection with a Bihta police case for alleged possession of 25.6 grams of smack, alleged offences under Sections 8(c), 21(b) and 22(b) of the NDPS Act. The petitioner claimed innocence, asserted a clean antecedent and had been in custody since 14 January 2026. The State opposed the bail application. The High Court, after considering the facts and the period of custody, allowed regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to verification of his clean antecedent by the lower court. The order was made prima facie and without prejudice to the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for alleged possession of 25.6 grams of narcotic.
- Whether the condition of a clean antecedent must be verified before bail bonds are accepted.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 22(b), 8(c)
Subjects
- bail
- NDPS Act
- regular bail
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21853 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- BIHTA District- Patna
======================================================
Mukesh Kumar S/o- Late Rajendra Prasad R/o Vill- Moudahi katesar, P.S.-
Bihta, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bihta P.S. Case No. 37 of 2026 registered for the offence under
Section(s) 8(c), 21(b) and 22(b) of the NDPS Act.
3. As per the prosecution case, 25.6 grams of smack
has been recovered from the possession of the petitioner and co-
accused persons. The petitioner and his two brothers have been
arrested in this case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 14.01.2026 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.21853 of 2026(2) dt.07-04-2026
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opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
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 Bihta P.S. Case No.
37 of 2026 subject to conditions that:-
(i). At the time of accepting the
bail bonds of the petitioner, the Court below
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
Patna High Court CR. MISC. No.21853 of 2026(2) dt.07-04-2026
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U
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