Patna High Court
Binit Kumar @ Vinit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Given the intermediate quantity of narcotics and the petitioner's clean antecedent, bail is warranted subject to bond and attendance conditions.
Summary
The petitioner, Binit Kumar, was arrested in connection with a case involving 46 grams of smacks, of which 19 grams were recovered from him. He has been in custody since 25 January 2026 and claims to have a clean antecedent. The petition sought bail under Sections 8(C) and 21(B) of the NDPS Act. The court considered the intermediate quantity of the narcotic and the petitioner’s clean record, and consequently allowed the bail application. Bail was granted on a bond of Rs.10,000 with two sureties, subject to verification of his antecedent and monthly police station attendance, with a warning that false antecedent claims would invalidate the bond.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 8(C) and 21(B) of the NDPS Act considering the quantity of narcotics recovered and his antecedent.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(B), 8(C)
Subjects
- bail
- NDPS Act
- drug possession
- intermediate quantity
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22090 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- SAHPUR District- Patna
======================================================
Binit Kumar @ Vinit Kumar S/o- Birendra Paswan @ Virendra Paswan
Village- Manas Naya Panapur, P.O.- Manas, P.S.- Akilpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anshuman, Advocate
For the State : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Shahpur (Patna) P.S. Case No. 27 of 2026 registered for the
offence punishable under Sections 8(C) and 21(B)of the NDPS
Act.
3. The total recovery is of 46 grams of smacks out of
which 19 grams has been recovered from the petitioner.
4. The petitioner is in custody since 25.01.2026
having clean antecedent.
5. Considering the recovery of intermediate quantity
and clean antecedent, this application is allowed.
6. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.22090 of 2026(2) dt.08-04-2026
2/2
sureties of the like amount each to the satisfaction of the learned
Sessions Judge/Special Judge N.D.P.S. Act, Patna/ concerned
Court in connection with Shahpur (Patna) P.S. Case No. 27 of
2026.
7. As the petitioner claims to have clean antecedent,
the same shall be verified before accepting his bail bonds. If the
same is found to be false, his bail bonds shall not be accepted.
8. The petitioner will also mark attendance in Akilpur
Police Station, District-Patna on the first Sunday of each month.
Any default in appearance at the Police Station would result in
cancellation of bail bonds of the petitioner.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…