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Patna High Court

Shyam Balak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, subject to specified conditions.

Summary

The Patna High Court considered an application for regular bail filed by Shyam Balak Kumar, who was arrested under sections 8(C) and 21(B) of the NDPS Act for possession of 12.65 g of brown sugar. The petitioner asserted his innocence, claimed a clean criminal record, and had been in custody since 15 Nov 2025. The State opposed the bail application. The court, after weighing the facts and submissions, granted bail subject to a Rs 10,000 bond with two sureties, verification of his clean antecedent, a deposit of Rs 25,000 to the Ramakrishna Mission, and a condition to appear at Mahua Police Station every Sunday, with non‑compliance leading to cancellation. The order was delivered by Justice Sandeep Kumar.

Issues considered

  • Whether bail should be granted in a case under sections 8(C) and 21(B) of the NDPS Act given the facts of possession of 12.65 g of brown sugar and the petitioner’s claim of innocence and clean antecedent.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics
  • regular bail
  • clean antecedent
  • police attendance
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.595 of 2026
                     Arising Out of PS. Case No.-413 Year-2025 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Shyam Balak Kumar Son of Aklu Singh Resident of Village- Chainpur, Ward
                 No. 1, P.S.- Mahua, District- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Sweety Sinha, Advocate
                 For the Opposite Party/s :       Mr.Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   09-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Rajapakar P.S. Case No. 413 of 2025 registered for the offence

                   under sections 8(C ) and 21(B) of NDPS Act.

                                3. The recovery is of 12.65 gm of brown sugar from

                   the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has no criminal antecedent. He further

                   submits that the petitioner is in custody since 15.11.2025

                   without any fault.

                                5. Learned counsel for the petitioner also submits that

                   the petitioner is ready to donate Rs.25,000/- in some charitable

                   organization without accepting his guilt.
Patna High Court CR. MISC. No.595 of 2026(4) dt.09-04-2026
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                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                       7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                       8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned Principal and Sessions Judge, Vaishali/

          concerned Court below, in connection with Rajapakar P.S. Case

          No. 413 of 2025.

                       9. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the

          petitioner shall only be accepted if it is found that he has clean

          antecedent.

                       10. This is also subject to the condition that the

          petitioner     shall    deposit      an    amount   of   Rs.25,000/-   in

          Ramakrishna Mission Ashrama, Nala Road, Patna and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.
              Patna High Court CR. MISC. No.595 of 2026(4) dt.09-04-2026
                                                          3/3




                                     11. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Mahua Police Station, District- Vaishali on every Sunday of the

                        month. Any default in appearance at the Police Station will

                        result in cancellation of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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