Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
In the absence of evidence of conscious possession and given the intermediate quantity of narcotics, the petitioners are entitled to regular bail.
Summary
The petitioners Deepak Kumar, Sushil Kumar and Dharmendra Kumar were arrested in Forbesganj PS case No.172/2026 for alleged possession of 20.70 grams of a narcotic substance, charged under Sections 8(c) and 21(b) of the NDPS Act. They applied for regular bail, contending that the seized contraband was recovered from the house of co‑accused, not from their conscious possession, and that the recovery lacked proper police documentation or video evidence, raising doubts of tampering. They also argued that the quantity falls within the intermediate range, so the stringent provisions of Section 37 do not apply, and they have no prior criminal record. The State opposed bail. Considering the lack of direct possession, the weak evidentiary basis, the intermediate quantity, and the petitioners’ clean antecedents, the court granted regular bail upon furnishing a bond of Rs 20,000 with two sureties. The order was pronounced by Justice Shailendra Singh.
Issues considered
- Whether the petitioners are entitled to regular bail under the NDPS Act given the alleged lack of conscious possession.
- Whether the quantity of narcotic (20.70 grams) falls within the intermediate range, thereby excluding the application of Section 37 of the NDPS Act.
- Whether the prosecution evidence, lacking video recording and proper sealing, is sufficient to deny bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 37, 8(c)
Subjects
- regular bail
- NDPS Act
- narcotic possession
- intermediate quantity
- conscious possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31985 of 2026
Arising Out of PS. Case No.-172 Year-2026 Thana- FORBESGANJ District- Araria
======================================================
1. Deepak Kumar, S/o Umesh Das, Resident of Chaura Parwaha, Ward No. 10,
P.S. - Forbesganj, District - Araria.
2. Sushil Kumar, S/o Sanjay Mukhiya, Present R/o Bhagkohaliya, Ward No.
09, P.S.- Forbesganj, Dis. - Araria. Permanent Address - Resident of Chaura
Parwaha, Ward No. 9, P.S. - Forbesganj, District - Araria.
3. Dharmendra Kumar @ Dharmendra Kumar Mukhiya, S/o Paltan Mukhiya
@ Parash Mukhiya Present R/o Bhagkohaliya, Ward No. 09, P.S.-
Forbesganj, Dis. - Araria. Permanent Address - Resident of Chaura Parwaha,
Ward No. 9, P.S. - Forbesganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Singh, Adv.
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 1. Heard the parties
2. The petitioners seek regular bail in connection with
Forbesganj P. S. Case No. 172 of 2026 registered for the
offences punishable under Sections 8(c) and 21(b) of the
N.D.P.S. Act.
3. The main submissions advanced by the petitioners'
counsel are that the petitioners are innocent and have been
falsely implicated in the present case and the alleged recovery of
smack like substance has not been made from the conscious
possession of the petitioners rather the same is alleged to have
Patna High Court CR. MISC. No.31985 of 2026(2) dt.12-05-2026
2/3
been recovered from the house of co-accused Suraj Kumar Das
and Chandan Kumar Das and no independent witness has
supported the alleged recovery and the entire prosecution case
rests upon police witlessness only and no videography of search
and seizure was conducted and further from the perusal of the
FIR and seizure list it appears that the alleged recovered articles
were not sealed at the spot, so, possibility of tampering can not
be ruled out. Learned counsel also submits that the alleged
quantity is only 20.70 grms including polythene which falls
under intermediate quantity and not under the commercial
quantity and therefore the regour of Section 37 of the NDPS Act
are not attracted in the present case and the petitioners have no
criminal antecedent and have been languishing in jail since
25.03.2026.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioners.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, coupled with the fact that the alleged recovered
narcotic contraband is said to have been recovered from the
house of the co-accused persons and not from the conscious
possession of the petitioner and also taking into consideration
Patna High Court CR. MISC. No.31985 of 2026(2) dt.12-05-2026
3/3
the petitioners' fair and clean antecedent, this court is inclined
to enlarge the petitioners on bail, accordingly, let the petitioners
named-above be enlarged on bail in connection with Forbesganj
P. S. Case No. 172 of 2026 on furnishing bail bonds of Rs.
20,000/- (Rupees Twenty Thousand) each with two sureties of
the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
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