Patna High Court
Avaneet Kumar @ Awneet Kumar @ Awneesh Kumar @ Awnit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioner is entitled to regular bail under the NDPS Act, subject to a bail bond and a condition for possible cancellation.
Summary
The petitioner, Avaneet Kumar, was arrested in connection with Gaya Rail Police Station Case No. 279 of 2025 under Sections 8 and 20(B)(ii)C of the NDPS Act, where 11.97 kg of ganja was seized. He contended that he was falsely implicated, that no narcotic article was recovered from his possession, and that he has no prior criminal record, having been in custody since 19 September 2025. The court noted that the quantity seized was below the commercial threshold, the petitioner had been detained for over six months, and a co‑accused had been granted bail on 1 April 2026. Considering these factors, the court directed that the petitioner be released on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount. The bail was conditioned on the possibility of cancellation if any antecedent under the NDPS Act later emerges.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act given the quantity of narcotic involved, length of custody, and lack of prior criminal record.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)C, 8
Subjects
- NDPS Act
- regular bail
- quantity below commercial
- false implication
- criminal antecedent
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23919 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- GAYA RAIL P.S. District- Gaya
======================================================
Avaneet Kumar @ Awneet Kumar @ Awneesh Kumar @ Awnit Kumar S/O
Prem Kumar @ Sri Prem Kumar @ Sri Ram Kumar R/O Village- Sahajipiur,
P.S- Sakra, Distt.- Muzaffarpur, presently residing at Village- Sahajipar, P.S-
Baniyapur, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Gaya Rail P.S. Case no.
279 of 2025 registered under sections 8 and 20(B)iiC of the
NDPS Act.
3. As per the prosecution case, 11.97 kg of ganja
was recovered from the possession of the petitioner.
4. It is submitted by learned counsel for the
petitioner that the petitioner has been falsely implicated in the
case. No incriminating article has been recovered from his
possession. He is in custody since 19.9.2025 and has no
criminal antecedent. It is further submitted that coaccused
Manish Kumar has been enlarged on bail vide order dated
Patna High Court CR. MISC. No.23919 of 2026(2) dt.16-04-2026
2/2
1.4.2026 passed in Cr.Misc. no. 9969 of 2026.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in the
F.I.R., the alleged recovery being below the commercial quantity,
the petitioner being in custody for over 6 months since 19.9.2025,
not having any criminal antecedent and grant of bail to coaccused
vide aforesaid order dated 1.4.2026, the Court directs the petitioner
to be enlarged on bail in connection with Gaya Rail P.S. Case no. 279
of 2025 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 District and Additional Sessions Judge-
IV, Gaya Ji on the following condition:
i. In case it subsequently transpires that the petitioner
had an antecedent under the NDPS Act, the prosecution will be
at liberty to move this Court for cancellation of bail of the
petitioner.
(Partha Sarthy, J)
Bibhash
U T
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