Patna High Court
Shyam Balak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(B), 8(C)
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
2/3
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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