Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 22
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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