Patna High Court
Tapas KumarversusThe state of bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, finding the allegations against him insufficient to justify continued detention.
Summary
The petitioner, Tapas Kumar, was arrested in connection with a seizure of 495 packets of Tormol‑50 from an e‑rickshaw and charged under Sections 22(c), 23(c) and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He contended that he was merely a passenger, had no knowledge of the contraband, and that the seizure did not comply with Section 105 of the Bihar Narcotic Substances (Control) Act as his signature was absent from the seizure list. The petitioner also submitted a recorded confessional statement affirming his lack of involvement and highlighted his clean criminal record and custody since 2 February 2026. The State opposed the bail application, arguing the seriousness of the offence. After hearing both sides, the Court found the petitioner’s explanations credible and, considering the procedural lapses in the seizure, ordered that he be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act given the circumstances of the seizure and his alleged lack of participation.
- Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances (Control) Act.
- Whether the confessional statement of the petitioner can be relied upon to negate his culpability.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(c), 23(c), 25
Subjects
- bail
- NDPS Act
- regular bail
- seizure procedure
- Section 105
- confessional statement
- e‑rickshaw
- contraband
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36975 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- JHAROKHAR District- East Champaran
======================================================
Tapas Kumar S/O Dayal Chandra Das Resident of village - Basantpur Colony,
Ward no- 14, P.S- Muffasil, Dist- East Champaran
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Ramchandra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 22(c), 23(c)
and 25 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from an
e-riksha, altogether 495 packets of Tormol-50 (each of 300 tablets)
were recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. Leaned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of this petitioner. It has further been
submitted that the witnesses of the seizure list are police
Patna High Court CR. MISC. No.36975 of 2026(2) dt.15-06-2026
2/2
personnel. Police has not complied Section 105 of the B.N.S.S.
while making the seizure. It has further been submitted that from
perusal of the seizure list it will transpire that it does not contain
the signature of the petitioner. It has further been submitted that
during course of investigation, the police has recorded the
confessional statement of this petitioner wherein he has has stated
that he was just a passenger in that e-riksha and that he was having
no knowledge regarding the contraband. Petitioner is having no
criminal antecedent and he is languishing in judicial custody since
02.02.2026.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned Sessions
Judge/Special Judge, East Champaran, Motihari in connection
with Jharokhar P.S. Case No.16 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.