Patna High Court
Kaushal Kishore KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail subject to a bond of Rs.10,000 and two sureties, with verification of any other criminal antecedent.
Summary
Petitioner Kaushal Kishore Kumar was charged under Section 111 of the Bihar Narcotic Substances Act and Sections 8(C), 21(b) and 22 of the NDPS Act for the alleged recovery of 12.5 g of brown sugar from his aunt’s house. He pleaded innocence, arguing that the contraband was not in his conscious possession and that a co‑accused, Sonu Kumar Singh, had been granted regular bail in a similar case. The State opposed the bail application. The court considered the facts, the petitioner’s clean antecedent and the precedent of the co‑accused’s bail, and ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to verification of any other criminal antecedent. The bail order also required the petitioner’s cooperation with the trial process.
Issues considered
- Whether the petitioner is entitled to regular bail despite the recovery of narcotics from a relative’s residence.
- Whether the precedent of bail granted to a co‑accused in a similar case is applicable.
- Whether bail can be granted under the NDPS Act and the Bihar Narcotic Substances Act in the present circumstances.
Legislation cited
- Bihar Narcotic Substances Act — s. 111
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 22, 8(C)
Subjects
- regular bail
- NDPS Act
- narcotics possession
- bail precedent
- clean antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57508 of 2025
Arising Out of PS. Case No.-82 Year-2025 Thana- MOUZAHIDPUR District- Bhagalpur
======================================================
Kaushal Kishore Kumar Son of Late Pramod Mandal Village- Goradiah, Ps-
Goradiah, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh
For the State : Mr. Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Mojahidpur P.S. Case No. 82 of 2025, registered for
the offences punishable under Section 111 of the BNS and Sections
8(C), 21(b) and 22 of N.D.P.S. Act, 1985
3. As per the prosecution story, total 12.50 grams of
brown sugar was recovered from the house of the petitioner’s aunt
(mausi).
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in the
present case. Recovery has been made from the house of petitioner’s
aunt (mausi) and not from the conscious possession of the petitioner.
Learned counsel has further submitted that similarly situated co-
accused person, namely, Sonu Kumar Singh has been granted
privilege of regular bail by a co-ordinate Bench of this Hon’ble Court
Patna High Court CR. MISC. No.57508 of 2025(3) dt.07-01-2026
2/2
vide order dated 26.11.2025 passed in Cr. Misc. No. 63916 of 2025
and case of this petitioner stands on similar footing as in the case of
co-accused, Sonu Kumar Singh. The petitioner is a person of clean
antecedent and is in custody since 02.07.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on bail on
furnishing bail bonds of Rs.10,000/- with two sureties of the like
amount each to the satisfaction of learned District and Sessions
Judge, Bhagalpur in connection with Mojahidpur P.S. Case No. 82 of
2025, subject to the condition that the petitioner shall cooperate in
the disposal of trial and make himself available as and when required
by the court.
7. Before accepting the bail bond, the learned Court
below shall verify the criminal antecedent of the petitioner and if
it is found that he is involved in any case other than the present
one, his bail bond shall not be accepted.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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