Patna High Court
Ankesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner.
Summary
Ankesh Kumar was arrested in connection with a case under Sections 8, 20(b)II(C), 25 and 29 of the NDPS Act for allegedly possessing 10.90 kg of charas. He has been in custody since 15 September 2024. The petitioner’s counsel argued that the informant who lodged the FIR was later caught taking illegal gratification, that the contraband was recovered from an open road and not from the petitioner’s conscious possession, and that the petitioner enjoys parity with a co‑accused who was previously granted bail. The counsel also highlighted the petitioner’s clean antecedents, the completion of the investigation, and the prolonged pre‑trial detention as reasons to grant bail. The State opposed the bail application. The Court, noting the lack of evidence of conscious possession and the delay in trial, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under the Cr.P.C. and the BNSS Act.
Issues considered
- Whether the petitioner’s alleged possession of 10.90 kg of charas establishes conscious possession under Section 35 of the NDPS Act.
- Whether the prolonged pre‑trial detention justifies granting bail in an NDPS case.
- Whether parity with a co‑accused who was granted bail warrants the same relief.
- Whether the informant’s alleged misconduct affects the credibility of the FIR.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 437(3)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)II(C), 25, 29, 35, 37, 8
Subjects
- bail
- NDPS Act
- drug possession
- conscious possession
- pre‑trial detention
- parity
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49536 of 2025
Arising Out of PS. Case No.-332 Year-2024 Thana- RAXAUL District- East Champaran
======================================================
Ankesh Kumar S/o Devilal Sah R/o Koiriya Tola, ward No.24, P.S.-Raxaul,
District-East Champaran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikash Kumar Pankaj
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 05-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with Raxaul
P.S. Case No. 332 of 2024 registered for the offence under
Sections 8, 20(b)II(C), 25 and 29 of the NDPS Act.
3. The petitioner is named in the F.I.R. and is in custody
since 15.09.2024.
4. The allegation against the petitioner is to have in
possession of 10.90 kilograms of charas along with other co-
accused person.
5. Learned counsel appearing on behalf of the petitioner
submitted that informant namely Sanjivan Paswan SI just few
days after lodging present FIR was caught red handed by State
Vigilance Unit, taking illegal gratification and consequently
Vigilance P.S. Case No. 09/2024 dated 18.09.2024 was lodged
against him. It is submitted that at the time of alleged incident the
Patna High Court CR. MISC. No.49536 of 2025(3) dt.05-02-2026
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petitioner was at M/s. Shyam International Hotel, situated at
Koriya Tola, Main Road, Raxual and was enjoying his food with co-
accused Shailendra Kumar, who has been granted bail by one of
the learned Co-ordinate Bench of this Court through Cr. Misc. No.
10058 of 2025 dated 06.03.2025. It is further pointed out that
case of this petitioner is on equal footing to that of co-accused
Shailendra Kumar and therefore as a matter of judicial parity he
also deserves bail.
6. While concluding the argument, it is submitted that
admittedly recovery of contraband not appears to be made from
conscious physical possession of this petitioner rather same was
recovered from the road that is an open place and as this petitioner
was alleged to found running away, he was implicated with present
recovery purely on the basis of suspicion. It is submitted that
petitioner is a man of clean antecedent and moreover recovery was
not made from the possession of this petitioner, therefore,
petitioner cannot be said under culpable mental state in view of
Section 35 of the NDPS Act as to import the rigors of Section 37 of
the NDPS Act. It is submitted that investigation of this case is
completed, for which charge-sheet has been submitted, as such,
there is no chance of tampering with the evidence.
7. Learned APP opposes the prayer of bail.
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8. In view of aforesaid factual submission and by taking
note of slow progress of trial, where petitioner remains in custody
for about one year and five months i.e., since 15.09.2024,
accordingly petitioner above named, is directed to be released on
bail in connection with Raxaul P.S. Case No. 332 of 2024 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, Court No. II, NDPS Act, East Champaran,
Motihari/concerned court, subject to the conditions as mentioned
under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS, with
further conditions :-
(i) That petitioner shall not involve in the
similar nature of offence till the conclusion of trial,
failing which, the State shall be at liberty to move
before the Trial Court itself for the cancellation of
bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in
the trial and shall be physically present on each and
every date before the Trial Court till conclusion of
the trial and exemption from physical appearance be
allowed by the Trial Court, only on medical ground
of the petitioner duly supported by the documents.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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