Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KUMAR MANISH
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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