Patna High Court
Sonu Kumar @ Sonu Kumar SaoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on condition of a Rs.10,000 bond and two sureties.
Summary
The petitioner, Sonu Kumar, a driver of an auto, was charged under Sections 8(c), 21, 22(c), 25 and 29 of the NDPS Act for alleged possession of intoxicating injections recovered from a bag in the vehicle. The prosecution alleged that the contraband was found in the auto, while the defence argued that the seizure list only mentioned items recovered from a different location and that there was no description of any seizure from the auto. The petitioner claimed innocence, no prior criminal record, and was in judicial custody since 12 April 2026. The State opposed bail, but the court, after considering the lack of direct evidence linking the driver to the drugs, decided to enlarge bail. The court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether the driver of the auto can be granted bail under the NDPS Act despite the alleged presence of narcotics in the vehicle.
- Whether the prosecution has established sufficient evidence linking the petitioner to the contraband.
- Whether the seriousness of the offences under Sections 8(c), 21, 22(c), 25 and 29 of the NDPS Act precludes bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 22(c), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- driver liability
- judicial custody
- seizure of contraband
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40416 of 2026
Arising Out of PS. Case No.-110 Year-2026 Thana- Chitragupta Nagar District- Patna
======================================================
Sonu Kumar @ Sonu Kumar Sao Son of Gopal Sao Resident of village-
Hanuman Nagar, Ward no. 44, Ps- Patrakar Nagar, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-06-2026 At the outset, learned counsel for the petitioner seeks
permission to delete the name of opposite party no. 2.
2. Prayer is accorded.
3. Heard learned counsel for the petitioner and learned
APP for the State.
4. 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.
5. The case of the prosecution, in short, is that two
persons were riding on the auto and the petitioner is the driver
and on the back seat, a person who was sitting with whom, a
bag was there and from that bag, intoxicating injections were
recovered.
Patna High Court CR. MISC. No.40416 of 2026(2) dt.25-06-2026
2/3
6. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner further submits that
though it is alleged in the FIR that intoxicant injections in huge
quantity was recovered but from perusal of the seizure list, it
transpires that the seizure list has been made only of the
contraband which were recovered from the Mehta Compound.
There is no seizure of the alleged auto and even in FIR, there is
no description as to what was recovered from the auto.
Petitioner is merely a driver of that auto. Moreover, a statement
has been made in para-3 of the petition that the petitioner has no
criminal antecedent and he is languishing in judicial custody
since 12.04.2026.
7. The application for bail is opposed by learned APP
for the State.
8. 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
Patna High Court CR. MISC. No.40416 of 2026(2) dt.25-06-2026
3/3
Sessions Judge/ Special Judge (NDPS Act), Patna in connection
with Chitragupta Nagar P.S. Case No. 110 of 2026.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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