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Patna High Court

Karan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted as there is no material evidence of the petitioner’s participation and his tender age and clean antecedent merit relief.

Summary

Karan Kumar was implicated in a supplementary police case for alleged offences under Sections 8(c) and 21(b) of the NDPS Act after a co‑accused, seized with 10.55 g of a smack‑like substance, identified him to the police. The petitioner argued that the co‑accused’s statement was inadmissible, the seized quantity was below commercial levels and thus Section 37 did not apply, and that his tender age and clean antecedent warranted bail. The State contended that the identification established the petitioner’s complicity. The court, noting the lack of any material linking the petitioner to the contraband beyond the co‑accused’s disclosure, his youth and good record, granted bail subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The bail order required a bond of Rs 10,000 with two sureties and that one bailor be a close family member, and the petitioner must surrender within four weeks.

Issues considered

  • Whether the co‑accused’s identification of the petitioner is sufficient evidence to deny bail
  • Whether the quantity of the seized substance attracts the rigour of Section 37 of the NDPS Act
  • Whether the petitioner’s age and antecedent justify the grant of bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023

Legislation cited

Subjects

  • bail
  • NDPS Act
  • minor
  • quantity of narcotic
  • co‑accused testimony
  • Section 37
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43983 of 2026
                      Arising Out of PS. Case No.-45 Year-2025 Thana- JANKINAGAR District- Purnia
                 ======================================================
                 Karan Kumar S/o Mithilesh Yadav R/O Village- Ladugarh, PS- Janki Nagar,
                 Distt- Purnea

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Neha Praveen, Adv.
                 For the Opposite Party/s :       Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   08-07-2026                  Heard Ms. Neha Praveen, learned Advocate for the

                   petitioner and learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner apprehends his arrest in connection

                   with Supplementary Janki Nagar P.S. Case No. 45 of 2025,

                   registered for the offences punishable under Sections 8(c) &

                   21(b) of N.D.P.S. Act.

                                3. The police in course of patrolling found that two

                   young men seated on a grey colour motorcycle, on noticing,

                   they started fleeing away. Out of two persons, one of them

                   apprehended by the police and in course of search, 10.55 grams

                   smack like substance was recovered. The apprehended person

                   disclosed the name of the absconded person as Karan Kumar,

                   the present petitioner.
Patna High Court CR. MISC. No.43983 of 2026(2) dt.08-07-2026
                                            2/3




                       4. Learned Advocate for the petitioner submitted that

          save and except the disclosure made by the apprehended person,

          there is no iota of material suggesting the complicity of the

          petitioner in the crime. Moreover, the disclosure of the co-

          accused before the police is not admissible in the eyes of law.

          The recovered smack like substance is quite less than

          commercial quantity and, as such, the rigors provided under

          Section 37 of the N.D.P.S. Act is not applicable. The petitioner

          is boy of tender age and recently passed his intermediate

          examination, besides he is carrying fair antecedent.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submits that the

          disclosure of the name of the petitioner by his friend, who was

          apprehended by the police and from whose possession smack

          like substance is recovered, the complicity of the petitioner

          cannot be denied.

                       6. Regard being had to the submissions made on

          behalf of the parties and considering the materials available on

          record coupled with the fact that save and except disclosure by

          the apprehended person, there is no material suggesting his

          complicity in the crime coupled with the tender age and fair

          antecedent, let the petitioner above named be released on bail, in
          Patna High Court CR. MISC. No.43983 of 2026(2) dt.08-07-2026
                                                      3/3




                    the event of his arrest or surrender before the court below within

                    a period of four weeks from the date of receipt/production of a

                    copy of this order, upon furnishing bail bonds of Rs.10,000/-

                    (ten thousand) with two sureties of the like amount each to the

                    satisfaction of the learned Principal and Sessions Judge, Purnea

                    in connection with Supplementary Janki Nagar P.S. Case No.

                    45 of 2025, subject to the conditions laid down in Section

                    482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the

                    further condition that one of the bailors shall be the own/close

                    family members of the petitioner.



                                                (Harish Kumar, J)
sumit/-

U


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