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Patna High Court

Shivam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, subject to conditions, finding no sufficient ground to deny bail.

Summary

Shivam Kumar was arrested in connection with a narcotics offence under Section 21(C) of the NDPS Act after 408 grams of heroin were recovered from a bag belonging to Mithu Kumar, who alleged that Shivam had instructed him to bring the drugs. Shivam contended that he was falsely implicated, had no possession of the narcotics, and possessed a clean antecedent, having been in custody since 23 March 2026. The State opposed his bail application, arguing the seriousness of the offence. The Court examined the facts and, considering the lack of direct possession and the petitioner's clean record, directed that he be released on regular bail. Bail was conditioned on a bond of Rs.10,000 with two sureties, one of whom must be a family member, and on the petitioner’s cooperation and appearance in court. The order also warned that any tampering with evidence or witnesses would permit cancellation of bail.

Issues considered

  • Whether regular bail should be granted to the accused in a case under Section 21(C) of the NDPS Act given the circumstances of the alleged involvement.

Legislation cited

Subjects

  • NDPS Act
  • Section 21(C)
  • regular bail
  • narcotics offence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38160 of 2026
                        Arising Out of PS. Case No.-40 Year-2026 Thana- Mufassil District- Khagaria
                 ======================================================
                 Shivam Kumar S/o Pappu Yadav R/o Village- Raghunathpur, Ward No. 12,
                 P.S- Sahebpur Kamal, Dist- Begusarai.
                                                                       ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Ranjeet Kumar Singh
                 For the Opposite Party/s :         Mr.Mohammad Sufyan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

2   19-06-2026                       Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in a case registered for the

                   offence punishable under Section 21(C) of NDPS Act.

                                3. As per the prosecution story, in brief, is that 408 grams

                   of smack/heroine was recovered from bag of one Mithu Kumar on

                   being checked by police personnel on 23.03.2026 at about 7:15

                   P.M. Mithu Kumar has confessed that the petitioner had told him

                   to bring the seized narcotics.

                                4. It has been submitted on behalf of the petitioner that

                   he is innocent and he has been falsely implicated in this case The

                   petitioner further submits that he was neither apprehended on spot

                   nor any smack / heroin has been recovered from his conscious

                   possession. Learned counsel for the petitioner further submits that

                   he is having a clean antecedent and is in custody since 23.03.2026.
            Patna High Court CR. MISC. No.38160 of 2026(2) dt.19-06-2026
                                                        2/2




                                    5. Learned A.P.P. for the State opposes the prayer for bail

                      of the petitioner.

                                    6. Considering the aforesaid facts and circumstances of

                      the case, the petitioner, above named, is directed to be released on

                      bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Special Judge (NDPS Act), Khagaria, in connection with NDPS

                      Special Case No.16 of 2026 arising out of Muffasil P.S. Case No.

                      40 of 2026, on the following condition :-

                                    (i) That one of the bailor should be family member of the

                      petitioner.

                                    (ii) That the petitioner will cooperate in the trial and will

                      remain present on all dates personally or should be duly

                      represented through his counsel and whenever required to be

                      physically present by the Court, he should physically appear in

                      Court on that date.

                                    (iii) If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.



                                                                           (Kumar Manish, J)
sanjeev/-

U       T


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