Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 22(c), 25, 29, 8(c)
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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