Patna High Court
Anil Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, subject to strict conditions, finding that the circumstances did not justify continued detention.
Summary
Anil Kumar Singh was arrested on 19 April 2025 for alleged possession of 4.860 kg of ganja, offences punishable under Sections 20(b)(ii)B and 25 of the Narcotic Drugs and Psychotropic Substances Act. He pleaded innocence, asserted a clean antecedent and applied for regular bail after being in custody for several months. The State opposed bail, emphasizing the intermediate quantity of narcotics recovered. The Court examined the quantity, the period of detention and the petitioner’s claim of a clean antecedent, and concluded that continued detention was not warranted. Accordingly, bail was granted on a bond of Rs 10,000 with two sureties who must be close relatives, subject to verification of antecedent, regular appearance before the trial court and attendance at the police station every Sunday, with non‑compliance leading to cancellation.
Issues considered
- Whether bail should be granted in a case involving possession of an intermediate quantity of narcotics under the NDPS Act.
- Whether the petitioner’s claim of a clean criminal antecedent and the length of custody justify the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)B, 25
Subjects
- bail
- NDPS Act
- drug possession
- intermediate quantity
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46652 of 2025
Arising Out of PS. Case No.-112 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Anil Kumar Singh S/o Babulal Singh R/o vill- Kharuwa, PS- Kundwa
Chainpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the State : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 07-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kundwa Chainpur P.S. Case No. 112 of 2025 registered for the
offence punishable under Sections 20(b)(ii)B and 25 of the
N.D.P.S. Act.
3. As per the prosecution case, there is recovery of
4.860 Kg of Ganja from the bag of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 19.04.2025 and claims
clean antecedent.
5. Learned APP appearing for the State opposes the
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prayer for regular bail of the petitioner.
6. In view of the fact that intermediate quantity of
ganja has been recovered from the petitioner and considering
the period of custody, this application is allowed.
7. Considering the aforesaid facts and circumstances
of the case and submissions of learned counsel for the parties,
let the petitioner, above named, be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the learned Sessions
Judge/ Special Judge, East Champaran, Motihari/ concerned
Court in connection with Kundwa Chainpur P.S. Case No. 112
of 2025, subject to the condition that both the bailors should be
the close relative of the petitioner.
8. As a condition of this order, the petitioner, after
being released on bail is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Noncompliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
9. At the time of accepting bail bonds of the
petitioner, the Court below will verify the criminal antecedent of
the petitioner. If it is found that the petitioner has criminal
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antecedent, the Court below shall not accept the bail bonds of
the petitioner and if it is found that the petitioner has clean
antecedent, his bail bonds shall be accepted by the Court below.
10. The petitioner will also mark attendance in
Kundwa Chainpur Police Station, District-East Champaran,
Motihari on every Sunday of the month. Any default in
appearance at the Police Station would result in cancellation of
bail bonds of the petitioner.
(Sandeep Kumar, J)
P. Kumar
U T
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