Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Anticipatory bail was granted because the petitioner was implicated only by a co‑accused’s confession and the seized quantity was below commercial threshold, subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Aman Kumar, sought anticipatory bail after being implicated in a Narcotic Drugs and Psychotropic Substances (NDPS) case based solely on the confessional statement of co-accused Neeraj Kumar, who disclosed Aman’s name. The seized contraband was 41 grams of a smack‑like substance, which the petitioner argued is below the commercial quantity and was not found in his conscious possession. The State opposed bail, contending the seriousness of the offences under Sections 8(c), 21(b) and 29 of the NDPS Act. The court considered the lack of direct evidence against the petitioner, his clean criminal record, and the statutory provisions governing anticipatory bail. It ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted in an NDPS case where the petitioner is implicated solely on a co‑accused’s confession
- Whether the quantity of seized narcotic (41 grams) being less than commercial quantity influences the grant of bail
- Whether conditions under Section 482(2) of the B.N.S.S. may be imposed on anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 29, 8(c)
Subjects
- anticipatory bail
- NDPS Act
- confessional statement
- commercial quantity
- bail bond
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32625 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- GANGABRIDGE District- Vaishali
======================================================
Aman Kumar, S/o Anil Rai, R/o Village - Jadhua, Gardaniya Chowk, PS -
Hajipur Town, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Adv.
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Gangabridge P.S. Case No. 39 of 2026 dated 16.02.2026,
registered for the offence punishable under Sections 8(c), 21(b)
and 29 of the N.D.P.S. Act.
3. The allegation is of recovery of 41 grams of smack
like substance from the possession of co-accused Neeraj Kumar.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is submitted that the said recovered smack like
substance is less than commercial quantity. It is submitted that
nothing has been recovered from the conscious possession of
the petitioner, rather, the seized contraband substance was
Patna High Court CR. MISC. No.32625 of 2026(2) dt.13-05-2026
2/2
recovered from the possession of co-accused Neeraj Kumar,
who disclosed the name of the petitioner. Only on the basis of
confessional statement of co-accused Neeraj Kumar, the
petitioner has been made accused in this case. Lastly, it has been
submitted that the petitioner has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Gangabridge P.S. Case
No. 39 of 2026, he shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Sessions Judge-cum-Special Judge, N.D.P.S. Act, Vaishali at
Hajipur, subject to condition as laid down under Section 482(2)
of B.N.S.S..
(Khatim Reza, J)
prabhat/-
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