Patna High Court

Govind KumarversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted regular bail to the petitioner in the NDPS case, subject to bond and conditions.

Summary

The petitioner, Govind Kumar, applied for regular bail in an NDPS case where 23.31 grams of smokeless tobacco (smack) was seized from his possession. The prosecution alleged possession under sections 8(c), 21(b) and 25 of the NDPS Act, while the petitioner claimed he was falsely implicated and had no prior criminal record. The co‑accused, Rohan Kumar, had already been released on bail. Considering the small quantity seized, the petitioner’s lack of antecedents, his prolonged custody since 24‑01‑2026, and the precedent of bail to the co‑accused, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding family surety, appearance, and possible cancellation if antecedents emerge. The State’s opposition was overruled, and bail was granted.

Issues considered

Whether regular bail should be granted to an accused under the NDPS Act for possession of a quantity below commercial threshold
Whether the petitioner’s lack of criminal antecedent and prolonged pre‑trial detention justify bail

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 25, 8(c)

Subjects

NDPS Act
regular bail
quantity below commercial threshold
criminal antecedent
sureties
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23551 of 2026
                       Arising Out of PS. Case No.-11 Year-2026 Thana- Garahara District- Begusarai
                 ======================================================
                 Govind Kumar S/o Late Mulo Singh @ Molo Singh R/o Village- Panhas
                 Ward No. 26, P.S- Lohiya Nagar, District- Begusarai.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Randhir Kumar No 1, Advocate
                 For the Opposite Party/s :        Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with NDPS Case no.9 of

                   2026, arising out of Garahara P.S. Case no.11 of 2026 registered

                   under sections 8(c), 21(b) and 25 of the N.D.P.S. Act.

                                3. As per the prosecution case, 23.31 grams of smack

                   was recovered from the possession of the petitioner while 34.92

                   grams of smack was recovered from the possession of

                   co-accused Rohan Kumar.

                                4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the petitioner’s

                   possession who has been falsely implicated in the case.

                   Co-accused Rohan Kumar has been enlarged on bail vide order

                   dated 12.3.2026 passed in Cr. Misc. no.15724 of 2026. The
Patna High Court CR. MISC. No.23551 of 2026(2) dt.08-04-2026
                                            2/3




          petitioner is in custody since 24.1.2026 and has no criminal

          antecedent.

                       5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the F.I.R, the grant of

          bail to co-accused Rohan Kumar vide aforesaid order dated

          12.3.2026, the amount recovered being much below the

          commercial quantity, the petitioner having remained in custody

          since 24.1.2026 and especially the petitioner not having any

          criminal antecedent, the petitioner is directed to be enlarged on

          bail in connection with N.D.P.S. Case no.9 of 2026 (arising out

          of Garahara P.S. Case no.11 of 2026), 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 Principal Sessions

          Judge, Begusarai on the following conditions :-

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the learned trial Court may cancel the bail

          bond of the petitioner and take him into custody till conclusion
            Patna High Court CR. MISC. No.23551 of 2026(2) dt.08-04-2026
                                                        3/3




                      of the trial.

                                   (III) In case it subsequently transpires that the

                      petitioner had a criminal antecedent under the N.D.P.S. Act, the

                      prosecution will be at liberty to move this Court for cancellation

                      of bail granted to the petitioner.



                                                                (Partha Sarthy, J)
avinash/-

U      T

Continue reading with your account

Checking your session…