Patna High Court
Sudhir Kumar @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the recovery of narcotics indicated the petitioner was a drug peddler.
Summary
The petitioner, Sudhir Kumar, was arrested in connection with a case under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after 38.36 grams of brown sugar were recovered. He claimed false implication and asserted that no incriminating articles were found in his possession, while also noting that he is already on bail in three other criminal matters. The State opposed regular bail, arguing that the seizure indicated his involvement as a drug peddler. The Court considered the seriousness of the narcotics recovery and the risk of the petitioner absconding or tampering with evidence. Consequently, the Court declined to grant bail and dismissed the petitioner's application.
Issues considered
- Whether bail should be granted to an accused under Sections 8(c) and 21(b) of the NDPS Act when narcotics have been recovered.
- Whether the presence of a prior bail status in other cases influences the grant of bail in the present NDPS case.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- drug peddling
- criminal procedure
- narcotics seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25999 of 2026
Arising Out of PS. Case No.-639 Year-2025 Thana- BIHAR District- Nalanda
======================================================
Sudhir Kumar @ Amit Kumar S/o Late Kishore Yadav R/o Village-
Gauragarh, PS- Bihar, Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Bihar
P.S. Case No. 639/2025 registered for the offences punishable
under Sections 8(c), 21(b) of N.D.P.S. Act.
3. As per the prosecution case, 38.36 gm of brown
sugar was recovered from the petitioner and others.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has three criminal
antecedents in which he is on bail and he is in custody since
24.11.2025. The petitioner undertakes to co-operate in the case/
trial.
Patna High Court CR. MISC. No.25999 of 2026(2) dt.20-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that from the
recovery, the petitioner appears to be a drug peddler.
6. Considering the recovery of narcotics, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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