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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, finding insufficient direct evidence to justify continued detention.

Summary

Santosh Kumar, a guard at Mehta's compound, was arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of large quantities of intoxicating medicines. The prosecution alleged that two persons in an auto were found with a bag containing the drugs and claimed the substances originated from Mehta's compound. The petitioner contended that no drugs were recovered from his possession, only keys, and that he was falsely implicated, having no prior criminal record and being in judicial custody since 13‑04‑2026. The State opposed the bail application, arguing the seriousness of the NDPS offences. After hearing both sides, the Court found the lack of direct evidence against the petitioner sufficient to justify bail and ordered his release on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail can be granted to an accused under Sections 8(c), 21, 22(c), 25 and 29 of the NDPS Act in the absence of direct recovery of narcotics from his person.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses that would justify denial of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • judicial custody
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39195 of 2026
                    Arising Out of PS. Case No.-110 Year-2026 Thana- Chitragupta Nagar District- Patna
                 ======================================================
                 Santosh Kumar S/o Krityanand Jaiswal R/o Village- Hajiganj, Near Narayan
                 Utsav Hall Street, Behind State Bank Bagal Wali Gali, PS- Chawk, Distt-
                 Patna
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shakil Ahmad Khan, Advocate.
                 For the Opposite Party/s :        Mr. Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Chitragupta Nagar P.S. Case No. 110 of 2026 registered for

                   the offence punishable under Sections 8(c), 21, 22(c), 25 and 29

                   of the N.D.P.S. Act.

                                3. The case of the prosecution, in short, is that two

                   persons in an auto were found. They were having a bag and in

                   that bag, there was huge amount of intoxicating medicines. They

                   were being asked, and they stated that they had brought the

                   same from one Mehta, and from the compound of Mehta, the

                   recovery of certain medicines was made.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
          Patna High Court CR. MISC. No.39195 of 2026(2) dt.23-06-2026
                                                      2/2




                    committed no offence. He has been falsely implicated in this

                    case. Learned counsel for the petitioner further submits that the

                    petitioner has been framed in this case on the basis that the

                    petitioner is the guard of the Mehta Compound and nothing has

                    been recovered from the possession of the petitioner, only keys

                    were recovered. Moreover, a statement has been made in para 3

                    of the petition that petitioner has no criminal antecedent and he

                    is languishing in judicial custody since 13.04.2026.

                                 5. The application for bail is opposed by learned APP

                    for the State.

                                 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 (NDPS Act), Patna in connection

                    with Chitragupta Nagar P.S. Case No. 110 of 2026.


                                                   (Ashok Kumar Pandey, J)

Sudhanshu/-

U


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