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Patna High Court

Prince KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioners, directing them to furnish a bail bond with sureties.

Summary

The petitioners, Prince Kumar and Jitendra Kumar, were arrested in connection with a case under Sections 20 and 22 of the NDPS Act for alleged possession of 30.535 kg of ganja found in an e‑rickshaw. They contended that they were falsely implicated, that the FIR did not specify their exact seats, and that the seizure list was improperly prepared without complying with Section 105 of the Bihar Narcotic Substances Act. The State opposed regular bail. After hearing both sides and noting that charges had been framed, the Court found no sufficient ground to deny bail and ordered the petitioners to be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, subject to cooperation in trial. The bail order also required the petitioners to appear in court on all fixed dates.

Issues considered

  • Whether bail should be granted to the accused under Sections 20 and 22 of the NDPS Act.
  • Whether the seizure list complied with Section 105 of the Bihar Narcotic Substances Act.
  • Whether the petitioners were properly implicated based on the FIR and seizure records.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 20
  • Section 22
  • seizure list
  • Section 105
  • e‑rickshaw
  • drug possession

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.21994 of 2026
                       Arising Out of PS. Case No.-2 Year-2025 Thana- Refinery District- Begusarai
                 ======================================================
                 Prince Kumar S/O Sanjay Singh Resident of Village -Nayagaon Ward No 2
                 P.S. Nayagaon District Begusarai

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                          with
                            CRIMINAL MISCELLANEOUS No. 23573 of 2026
                       Arising Out of PS. Case No.-2 Year-2025 Thana- Refinery District- Begusarai
                 ======================================================
                 Jitendra Kumar Son of Ramnandan Singh @ Ramanandan Singh R/o Village -
                 Nayagaon, Ward No. 2, P.S. - Nayagaon, District - Begusarai.

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 21994 of 2026)
                 For the Petitioner/s     : Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
                 (In CRIMINAL MISCELLANEOUS No. 23573 of 2026)
                 For the Petitioner/s     : Mr. Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-04-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners have prayed for bail in connection

                   with Refinery P.S. Case No. 02 of 2025 registered for the

                   offence punishable under Sections 20 and 22 of the N.D.P.S. Act

                   which was earlier rejected vide order dated 17.12.2025 with a
Patna High Court CR. MISC. No.21994 of 2026(2) dt.17-04-2026
                                            2/3




          liberty that the petitioners may renew their prayer for bail after six

          months or after framing of charge, whichever is earlier.

                       3. Now, learned counsel for the petitioners has

          submitted that charges have been framed in this case.

                       4. The case of the prosecution, in short, is that on an e-

          rickshaw there were three persons. One was driving the e-rickshaw

          and two were on back seat and from their possession, altogether

          30. 535 Kg. of ganja was recovered.

                       5. It is submitted by learned counsel for the petitioners

          that petitioners are innocent and have committed no offence. They

          have been falsely implicated in the present case. From perusal of

          the entire F.I.R., it is not clear as to where these petitioners were

          sitting on the e-rickshaw. It has also been submitted that the

          seizure list does not show as to what amount of ganja was

          recovered from each one of the petitioners rather a collective

          seizure list has been made. The seizure list witnesses are police

          personnel and police has not followed section 105 of BNSS while

          preparing the seizure list. It has also been submitted that

          petitioners are languishing in judicial custody since 18.01.2025.

                       6. Learned APP appearing for the state has vehemently

          opposed the prayer of regular bail.

                       7. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is
            Patna High Court CR. MISC. No.21994 of 2026(2) dt.17-04-2026
                                                        3/3




                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Refinery P.S. Case No. 02 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of learned Concerned Court/

                      learned Additional Sessions Judge I-cum- Spl. Judge, NDPS

                      Act, Begusarai in Cr. Misc. No. 21994 of 2026 and learned

                      Principal Sessions Judge, Begusarai in Cr. Misc. No. 23573 of

                      2026 with a condition that petitioners shall cooperate in trial

                      and shall remain physically present in the trial court on each

                      and every fixed date.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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