Created by Fuzzy Cloud

Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.