Patna High Court
Arjun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court held that the petitioner is entitled to regular bail in the NDPS case.
Summary
Arjun Kumar was arrested in connection with a case under sections 8 and 20(b)(ii)(C) of the NDPS Act, where 22.57 kg of ganja was seized and 12.345 kg was alleged to have been recovered from his possession. The petitioner contended that he was falsely implicated, that no narcotic article was actually found on him and that the seized packet belonged to another passenger, and he had no prior NDPS record. He had been in custody since 17 October 2025 and filed an application for regular bail. The State opposed the bail, but the Court, noting the lack of antecedent, the questionable recovery, and the fact that a charge‑sheet had already been filed, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied to the Sessions Judge‑cum‑Special Judge of the NDPS Act in Kishanganj.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 8 and 20(b)(ii)(C) of the NDPS Act given the circumstances of alleged false implication and lack of incriminating article in his possession.
- Whether the absence of prior NDPS antecedents and the fact that the charge‑sheet has been filed justify the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(C), 8
Subjects
- NDPS Act
- regular bail
- drug possession
- false implication
- bail under CrPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6237 of 2026
Arising Out of PS. Case No.-406 Year-2025 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Arjun Kumar S/O Binod Rajak R/O Patarghat ward no. - 09, Thana-
Patarghat, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kochadhaman P.S Case
no.406 of 2025 registered under sections 8 and 20 (b)(ii)(C) of
the N.D.P.S Act.
3. As per the prosecution case, while a total of 22.57
kgs of ganja was recovered, from the possession of the
petitioner, it is stated that 12.345 kgs of ganja was recovered.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article was recovered from his possession. The
article/packet belonged to some other passenger. The petitioner
is in custody since 17.10.2025 and has no criminal antecedent.
Patna High Court CR. MISC. No.6237 of 2026(2) dt.04-02-2026
2/2
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation in the FIR, the petitioner
having remained in custody since 17.10.2025, charge-sheet
having been submitted in the case and especially the petitioner
not having any antecedent under the N.D.P.S Act, the petitioner
is directed to be enlarged on bail in connection with
Kochadhaman P.S Case no.406 of 2025 on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Sessions
Judge-cum-Special Judge, (N.D.P.S Act), Kishanganj.
(Partha Sarthy, J)
Shiv/-
U T
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