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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, directing their release on bond subject to conditions.

Summary

Mukesh Kumar and Jitendra Kumar were arrested in connection with a case involving the manufacture of small quantities of ganja and the seizure of illicit foreign liquor. They were charged under Sections 8, 20(b)(ii)(B) of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners argued that the incriminating material was recovered from the premises of a co‑accused, Kamlesh Rai, and that nothing was found on them; they also highlighted their clean antecedents and the fact that similarly situated co‑accused had already been granted bail. The State opposed the bail application. Considering the non‑specific nature of the recovery, the length of their custody, their clean records, and the precedent of bail to co‑accused, the Court ordered their release on bail with a bond of Rs 10,000 and specific conditions.

Issues considered

  • Whether bail should be granted to the accused under the NDPS Act and Bihar Prohibition and Excise Act given the circumstances of the case.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug offence
  • Bihar Prohibition and Excise Act
  • clean antecedents
  • co‑accused
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.30472 of 2026
                        Arising Out of PS. Case No.-82 Year-2026 Thana- NADI P.S. District- Patna
                 ======================================================
                 Mukesh Kumar @ Mukesh Singh, S/O Late Satyendra Nath Sahay, Resident
                 of Village - Gulmahiabag, P.S - Didarganj, District- Patna

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                          with
                             CRIMINAL MISCELLANEOUS No. 30477 of 2026
                        Arising Out of PS. Case No.-82 Year-2026 Thana- NADI P.S. District- Patna
                 ======================================================
                 Jitendra Kumar, S/o Late Ram Karan Singh @ Karan Singh, Resident of
                 Village -Gulamchiyabagh, P.S. - Didarganj, District - Patna.

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 30472 of 2026)
                 For the Petitioner/s     : Mr.Shivjee Singh, Advocate
                 For the Opposite Party/s : Mrs.Asha Devi, APP
                 (In CRIMINAL MISCELLANEOUS No. 30477 of 2026)
                 For the Petitioner/s     : Mr.Suresh Singh, Advocate
                 For the Opposite Party/s : Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   12-05-2026                     Since both the bail petitions arise out of Nadi

                   (Fathua) P.S. Case No. 82/2026, as such, they have been taken

                   up together and are being disposed of by this common order.

                               2. Heard learned counsels for the petitioners and

                   learned A.P.P. for the State.

                               3. In the present cases, the petitioners seek bail in

                   connection with Nadi (Fathua) P.S. Case No. 82/2026, registered
Patna High Court CR. MISC. No.30472 of 2026(2) dt.12-05-2026
                                            2/4




          for the offence under Sections 8, 20(b), (ii) (B) of the NDPS Act

          and Section 30(a) of Bihar Prohibition and Excise Act.

                       4. As per prosecution case, six persons including these

          two petitioners were found making small puriya of ganja. 750

          ml. of illicit foreign liquor was also recovered from the said

          place. On the disclosure of the apprehended persons, further raid

          was made on the gumti of co-accused Kamlesh Rai and further

          recovery of ganja was made. In this manner, total 2.193 kg. of

          ganja was made from these two places.

                       5. It has been submitted on behalf of the petitioners

          that the petitioners are innocent and have been falsely

          implicated in this case. Nothing incriminating has been

          recovered from the person/possession of the petitioners. The

          recovery has been made from the hut and gumti of co-accused

          Kamlesh Rai and the petitioners have no concern with these two

          places. It has further been submitted that the weight of ganja

          recovered from the petitioners or other co-accused persons

          allegedly making puriya has not been disclosed though total

          weight of ganja including the quantity seized from the gumti of

          co-accused Kamlesh Rai has been mentioned. The petitioners

          are having clean antecedents and they are in custody since

          03.03.2026. The similarly placed co-accused persons have been
Patna High Court CR. MISC. No.30472 of 2026(2) dt.12-05-2026
                                             3/4




          granted bail by a Coordinate Bench of this Court vide orders

          dated 05.05.2026 & 06.05.2026 passed in Cr. Misc. Nos.28356

          of 2026 & 28978 of 2026, respectively.

                       6. Learned A.P.P. vehemently opposes the submission

          made on behalf of the petitioners.

                       7. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          non-specific nature of recovery from the petitioners and further

          considering the period of custody of the petitioners along with

          their clean antecedents and also considering grant of bail to the

          similarly placed co-accused persons, the petitioners are directed

          to be released on bail, on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand Only) each with two sureties of the like

          amount      each      to     the   satisfaction      of   learned   Sessions

          Judge/Special Judge (NDPS), Patna/concerned court, in

          connection with Nadi (Fathua) P.S. Case No. 82/2026, subject to

          the conditions mentioned in Section 480 (3) of BNSS and also

          the following conditions :

                                     (i) One of the bailors will be a close

                                     relative of the petitioners.

                                     (ii) The petitioners will remain present on

                                     each and every date fixed by the below, if
           Patna High Court CR. MISC. No.30472 of 2026(2) dt.12-05-2026
                                                       4/4




                                             so required by the learned trial court.

                                             (iii) In case of absence on three

                                             consecutive dates or in violation of the

                                             terms of the bail, the bail bond of the

                                             petitioners will be liable to be cancelled

                                             by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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