Patna High Court
Sidhnath Kumar @ SidhanatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, holding that the absence of seized contraband and lack of antecedent justify release on bail.
Summary
Sidhnath Kumar was arrested in connection with a case under sections 8(c) and 21(b) of the NDPS Act after a search of a co‑accused yielded 7.67 g of a heroin‑like substance. No incriminating article was recovered from the petitioner’s possession and he has no prior criminal record. He filed an application for regular bail, claiming false implication. The State opposed the bail but the court noted the absence of material against him, his clean antecedent, and the length of his pre‑trial custody since 9 March 2026. Accordingly, the court ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties, subject to a condition that bail may be cancelled if an NDPS antecedent emerges. The order was pronounced by Justice Partha Sarthy of the Patna High Court.
Issues considered
- Whether regular bail should be granted to an accused under sections 8(c) and 21(b) of the NDPS Act when no incriminating article has been recovered from his possession and he has no prior criminal antecedent.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- NDPS Act
- regular bail
- drug trafficking
- no antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29221 of 2026
Arising Out of PS. Case No.-414 Year-2026 Thana- PHULWARISHARIF District- Patna
======================================================
Sidhnath Kumar @ Sidhanat S/O Late Samprit Ram R/O Village - Brahmpur,
P.S- Phulwarisharif, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Kumar, Advocate
Mr. Sanjeev Kumar
Mr. Shashi Kumar
Mr. Ashutosh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Phulwarisharif P.S. Case
no.414 of 2026 registered under sections 8(c) and 21(b) of the
NDPS Act.
3. As per the prosecution case, three accused persons
including the petitioner herein were caught. On search, it is
stated that 7.67 grams of heroine like substance was recovered
from the possession of the co-accused Prince Kumar.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article has been recovered from his possession.
He is in custody since 9.3.2026 and has no criminal antecedent.
Patna High Court CR. MISC. No.29221 of 2026(2) dt.06-05-2026
2/2
Chargesheet has been submitted in the case.
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 against the petitioner in
the FIR, no incriminating article having been recovered from the
petitioner’s possession, his having remained in custody since
9.3.2026 and especially the petitioner not having any criminal
antecedent, the petitioner is directed to be enlarged on bail in
connection with Phulwarisharif P.S. Case no.414 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 Sessions Judge/Special Judge (N.D.P.S), Patna on
the following condition :
(I) In case it transpires that the petitioner has
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)
Shiv/-
U T
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