Patna High Court
Rahul Kumar @ ChondhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Petitioner Rahul Kumar was arrested in connection with a case involving the alleged possession of 2.215 kg of charas and charged under Section 111(2)(b) of the Bihar Narcotic Substances Act, Sections 25(1‑b)a, 26 and 35 of the Arms Act, and Sections 20(B)(ii)(c) and 29 of the NDPS Act. The petitioner claimed he was falsely implicated, that nothing was recovered from his possession, and that the seizure violated Section 105 of the BNSS. The State opposed bail, highlighting ten prior criminal cases against the petitioner. After hearing both sides, the Court noted the procedural lapse and the petitioner’s right to liberty, and ordered bail on the condition of a Rs.10,000 bond, two sureties, regular attendance in court, and weekly reporting to the police station. The bail order was conditioned on the petitioner’s cooperation with the trial.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the narcotics and arms charges.
- Whether the seizure complied with Section 105 of the Bihar Narcotic Substances Act.
- Whether the petitioner’s prior criminal record justifies denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act — s. 105, 111(2)(b)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii)(c), 29
Subjects
- bail
- narcotics
- arms possession
- NDPS Act
- procedural lapse
- seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22579 of 2026
Arising Out of PS. Case No.-517 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Rahul Kumar @ Chondha S/o Deepak Mahto R/o - Sakarpura, P.S- Bakhari,
District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha, Advocate.
For the Opposite Party/s : Mrs. Renuka Ratnakar (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 29-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Hajipur Sadar P.S. Case No. 517 (A) of 2024 registered for the
offence punishable under Sections 111(2)(b) of the B.N.S.,
Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 20(B)
(ii)(c) and 29 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that four
persons were apprehended and from their possession, altogether
2.215 kg of charas like contraband was recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that nothing has been recovered from the possession of
the petitioner. The witnesses of the seizure list are police
Patna High Court CR. MISC. No.22579 of 2026(4) dt.29-06-2026
2/2
personnel and the police have not complied with Section 105 of
the BNSS while making the seizure. He further submits that it is
alleged that the petitioner fled away and his name was disclosed
by co-accused person. Moreover, the petitioner is languishing in
judicial custody since 12.12.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has got criminal
antecedent of ten cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the conditions that
the petitioner shall cooperate in trial, shall remain physically
present on each and every date fixed by the learned court below,
one of the bailors shall be his near relative and shall also mark
his weekly attendance at Patna Kankarbagh P.S. The above
named petitioner is directed to be enlarged on bail on furnishing
bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Sessions
Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S.
Case No. 517 (A) of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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