Patna High Court
Arbind Kumar @ Arbind YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Arbind Kumar, who is in custody, applied for bail in an NDPS case (Sections 21(3), 22(c), 25, 29) arising from the seizure of contraband medicines from a commercial tempo. The prosecution’s case is based on secret information and the recovery of the drugs, while the petitioner’s name appears only in the confessional statement of an apprehended accomplice, with no incriminating articles found on his person. The petitioner argued that he has a clean antecedent, has been in custody since 15‑09‑2025, and that co‑accused have already been granted bail. The State opposed the bail. The court, after considering the submissions, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding the bailors, personal appearance, and possible cancellation for future offences or concealment of antecedents. The order also clarified that any observations made therein would not affect the trial.
Issues considered
- Whether bail should be granted in an NDPS case involving Sections 21(3), 22(c), 25 and 29 of the NDPS Act.
- Whether the presence of the petitioner’s name in a co‑accused’s confessional statement, without recovery of contraband from his possession, justifies denial of bail.
- Whether the petitioner’s clean antecedent and the bail granted to co‑accused warrant the release on bail.
- What conditions, if any, may be imposed on bail in such NDPS matters.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(3), 22(c), 25, 29
Subjects
- bail
- NDPS Act
- narcotic drugs
- confessional statement
- criminal antecedent
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2392 of 2026
Arising Out of PS. Case No.-81 Year-2024 Thana- KUNAULI District- Supaul
======================================================
Arbind Kumar @ Arbind Yadav, Son of Yogindra Kherwar @ Yogindra
Khaiwar, Resident of Village- Chaturbhuj, Piprahi, Ward No. 02, P.S.-
Lokaha, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Jha, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Kunauli P.S. Case No. 81 of 2024
Corresponding to NDPS Case No.66 of 2024(S) registered for
the offences punishable under Sections 21(3), 22(c), 25, 29 of
the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. As per the prosecution case, on secret information a
commercial tempo was intercepted and on search a sack on the
back seat of the tempo was recovered containing contraband
medicines, which was said to be of commercial quantity.
4. The learned counsel for the petitioner submits that
the petitioner’s name has transpired in the confessional
statement of the apprehended person, namely, Niraj Kumar
Patna High Court CR. MISC. No.2392 of 2026(2) dt.06-02-2026
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Yadav. It has further been submitted that no incriminating
articles have been recovered from the conscious possession of
the petitioner and moreover, the apprehended accused person,
namely, Niraj Kumar Yadav as also Ravindra Das @ Rabindra
Das @ Ravindra Kumar Das, has been granted bail by this
Hon’ble Court. It has lastly been submitted that the petitioner
has clean antecedent and he is in custody since 15.09.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (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 Kunauli P.S. Case No. 81 of 2024
Corresponding to NDPS Case No.66 of 2024(S), subject to the
following conditions:-
(i) One of the bailors of the petitioner shall
be his close relative and the other shall be local
resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled by
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the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However,
the acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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