Patna High Court
Karan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 37, 8(c)
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
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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
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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/-
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