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Patna High Court

Golden Kumar @ GoluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Golden Kumar, sought anticipatory bail in a case registered under Section 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after 560 litres of WISCOF syrup were recovered from a vehicle. He was not named in the FIR; his name surfaced only through the confessional statement of co‑accused Nagendra Kumar, and no seizure was made from his personal possession nor did the vehicle belong to him. The petitioner argued that the search and seizure procedures were defective and that the reliance on a co‑accused’s confession was insufficient. The State opposed bail, citing four prior criminal cases, though none were under the NDPS Act and the petitioner was already on bail in those matters. The Court, considering the lack of direct evidence against the petitioner and the procedural lapses, granted anticipatory bail subject to a bond of Rs.10,000, two sureties, a family member as a bailor, and conditions of cooperation with the investigating agency.

Issues considered

  • Whether anticipatory bail should be granted when the petitioner’s involvement is alleged solely on the basis of a co‑accused’s confessional statement.
  • Whether the alleged violations of search and seizure procedures affect the bail decision.
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • confessional statement
  • search and seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23207 of 2026
                        Arising Out of PS. Case No.-12 Year-2026 Thana- MANSI District- Khagaria
                 ======================================================
                 Golden Kumar @ Golu Son of Dharmendra Yadav Resident of village -
                 Saidpur, P.S.- Mansi, District - Khagaria.
                                                                    ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Manoj Kumar Singh
                                                   Mrs. Sweta Suman
                                                   Mr. Manisakar Kumar
                 For the Opposite Party/s :        Mr.Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   10-04-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner is apprehending his arrest in a case

                   registered for the offence punishable under Section 21(c) of

                   N.D.P.S. Act.

                                 3. As per FIR, 560 litres of WISCOF syrup kept in

                   5600 bottles of 100 ml. each were recovered from the vehicle.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is not named in the First Information Report and his

                   name transpired on the basis of confessional statement of co-

                   accused Nagendra Kumar, who stated that the petitioner was one

                   of the person who had fled away from the place of occurrence. It

                   is further submitted that no recovery has been made from the

                   personal and conscious possession of the petitioner as the
Patna High Court CR. MISC. No.23207 of 2026(2) dt.10-04-2026
                                            2/3




          vehicle in question also does not belong to him. It is further

          submitted that the mandatory provisions of search and seizure

          have been violated as there is no independent witness to the

          seizure list.

                       5. Learned APP for the State has opposed the

          application for anticipatory bail on the ground that the petitioner

          has four criminal antecedent, in response to which, it has been

          submitted that none of the cases are under the N.D.P.S. Act and

          the petitioner is on bail in all the cases.

                           6. Taking into consideration the facts and

          circumstances and also considering the fact that the name of the

          petitioner has only transpired on the basis of confessional

          statement of co-accused and there is no recovery from his

          possession, let the above named petitioner in the event of his

          arrest or surrender before the learned Court below within a

          period of four weeks from today, be enlarged on bail on

          furnishing bail bond of Rs.10,000/- (Rupees 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 Mansi P.S. Case No. 12 of 2026, subject to

          the condition as laid down under Section 438 (2) of the

          Cr.P.C./482(2) of the B.N.S.S., subject to further conditions:
             Patna High Court CR. MISC. No.23207 of 2026(2) dt.10-04-2026
                                                         3/3




                                    (i) One of the bailors will be a family member/close

                       relative.

                                    (ii)   The     petitioner      would    appear   before   the

                       Investigating Agency as and when required and in case of any

                       non-cooperation, the prosecution would be at liberty to file an

                       application for cancellation of bail.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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