Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail application, refusing to grant regular bail to the petitioner.
Summary
Guddu Kumar was arrested in connection with a case registered under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged drug peddling in Muzaffarpur. The petitioner applied for regular bail, asserting that he was falsely implicated, has a clean antecedent, and has been in custody since 13 January 2026, while also undertaking to cooperate with the trial. The State, represented by an Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the offences. The Court examined the allegations and, considering the nature of the charges under the NDPS Act, was not inclined to grant bail. Consequently, the bail application was dismissed, but the petitioner was permitted to file a fresh bail petition if the prosecution causes a delay in the trial.
Issues considered
- What is the appropriate bail jurisprudence for offences under Sections 8(c) and 21(b) of the NDPS Act?
- Whether the petitioner, claiming false implication and a clean antecedent, is entitled to regular bail?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- drug peddling
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39779 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- MUZAFFARPUR TOWN District-
Muzaffarpur
======================================================
Guddu Kumar S/o Raj Kishor Mahto Residnet of - Mohalla - Akharaghat
Road, Near Krishna Talkis, P.S. - Sikandarpur, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nachiketa Jha, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Muzaffarpur Town P.S. Case No. 36/2026 registered for the
offences punishable under Sections 8(c), 21(b) of the N.D.P.S.
Act.
3. As per the prosecution case, petitioner is involved
in drug peddling in Muzaffarpur town.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he claims clean antecedent and he is
in custody since 13.01.2026. The petitioner undertakes to co-
operate in the case/ trial.
Patna High Court CR. MISC. No.39779 of 2026(2) dt.22-06-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the allegations levelled against the
petitioner, this Court is not inclined to grant bail to the
petitioner.
7. Accordingly, this application stands dismissed for
the present. However, the petitioner is granted liberty to renew
his prayer for bail, if the trial is delayed by the prosecution.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.