Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Deepak Kumar, was arrested in connection with a case where 1.300 kg of ganja‑like substance was recovered from the house of Shambhu Kumar. The recovery was made from Shambhu Kumar’s premises, not from the petitioner’s possession, and the petitioner had no prior criminal record. He applied for bail under the NDPS Act, sections 8 and 20(b)(ii)(B), arguing that he was not in conscious possession of the seized narcotics. The State opposed the bail, but the court considered the lack of possession, the small quantity involved, and the petitioner’s clean antecedents. Consequently, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, and the application was allowed.
Issues considered
- Whether bail should be granted to an accused under Sections 8 and 20(b)(ii)(B) of the NDPS Act when the seized narcotics were not found in his possession and he has no prior criminal record?
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- narcotic drugs
- possession
- criminal antecedents
- Section 8
- Section 20(b)(ii)(B)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4934 of 2026
Arising Out of PS. Case No.-1265 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Deepak Kumar, aged about 25 years (Male), son of Rudal Rai, R/o Village-
Mirampur (Mohanpur), P.S. - Raghopur, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Alamganj PS Case No.1265 of 2025 dated 05.12.2025,
instituted for the offence punishable under Sections 8, 20(b)(ii)
(B) of the NDPS Act.
3. The allegation is of recovery of 1.300 Kg. Ganja
like substance from the house of Shambhu Kumar @ Shambhu
Sah where the petitioner was also present.
4. Learned counsel for the petitioner submits that
nothing has been recovered either from the conscious possession
or from the house of the petitioner. The recovery has been made
from the house of Shambhu Kumar @ Shambhu Sah. Further
submission is that the recovered Ganja like substance from the
Patna High Court CR. MISC. No.4934 of 2026(2) dt.28-01-2026
2/2
house of Shambhu Kumar @ Shambhu Sah is slightly more than
small quantity. The petitioner is in custody since 06.12.2025
having no criminal antecedents. Charge-sheet has been
submitted in the case.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the District & Sessions Judge/Special
Judge, NDPS, Patna, in Alamganj PS Case No.1265 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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