Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court allowed the bail application, granting regular bail to the petitioners subject to specified conditions.
Summary
The petitioners, Sudhir Kumar and Karan Kumar, were arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly possessing 46 grams of a smack‑like substance and a mobile phone respectively. They contended that the seized articles were not in their conscious possession, that signatures were not taken on the seizure list as required by the NDPS Act, and that the quantity seized fell between the small and commercial thresholds. The petitioners also highlighted the absence of prior criminal records for Sudhir Kumar and a pending case for Karan Kumar, and argued that they had been in custody since 17‑08‑2025. The State opposed the bail application. After considering the facts and submissions, the Court granted regular bail to both petitioners on a bond of Rs.10,000 each with two sureties, subject to conditions relating to trial cooperation, surety relations, reporting obligations, non‑tampering with evidence, and monthly reporting to the SHO, thereby allowing the application.
Issues considered
- Whether regular bail can be granted under the NDPS Act for alleged possession of 46 grams of a narcotic substance.
- Whether procedural lapses in the seizure (absence of signatures) justify bail.
- Whether the petitioners' criminal antecedents and the quantity of the seized substance affect bail eligibility.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(B), 22/29, 8(C)
Subjects
- bail
- NDPS Act
- narcotic drugs
- regular bail
- procedural lapse
- quantity of narcotic
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70727 of 2025
Arising Out of PS. Case No.-440 Year-2025 Thana- BEUR District- Patna
======================================================
1. Sudhir Kumar S/O Late Devendra Ray R/O Kila Ghat, P.S.- Chowk,
District- Patna
2. Karan Kumar @ Karn Kumar S/O Omprakash Sao R/O Damriya Siri Ghat,
P.S.- Malsalami, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek regular bail in Beur P.S. Case
No. 440 of 2025 dated 16-08-2025 registered under Sections
8( C), 21(B) and 22/29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3. The allegation is of recovery of 46 grams of smack-
like substance from the pocket of petitioner No. 1, namely
Sudhir Kumar whereas, one mobile phone is alleged to have
been recovered from the possession of petitioner No. 2, namely
Karan Kumar @ Karn Kumar.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.70727 of 2025(4) dt.21-01-2026
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petitioners are innocent and they have been falsely implicated in
the present case. It is further submitted that no incriminating
article has been recovered from the conscious possession of the
petitioners. Referring to the seizure list, which forms part of the
FIR (Annexure-1), it is submitted that the seized articles marked
as P1 wherein, the signatures of the petitioners were not taken
which is contrary to the provisions of the N.D.P.S. Act. It is
further submitted that the seized smack like substance is more
than the small quantity, but less than the commercial quantity
under the N.D.P.S. Act. Lastly, it is submitted that petitioner No.
1 has no criminal antecedents, whereas petitioner No. 2 has one
criminal case pending against him. The petitioners have been in
custody since 17-08-2025.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioners be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Sessions
Judge/Special Judge NDPS Patna, in connection with Beur P.S.
Case No. 440 of 2025, subject to the following conditions:-
Patna High Court CR. MISC. No.70727 of 2025(4) dt.21-01-2026
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(i) that the petitioners shall cooperate in the trial and shall be
properly represented on each and every date fixed by the Court
and on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below, (ii)
that one of the bailors will be their own blood relation,
preferably father, mother, brother, sister and or his wife, (iii) that
the bailors shall also state on affidavit that they will inform the
court concerned if the petitioners are made accused in any other
case of similar nature after their release in the present case and
thereafter the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of misuse, (iv)
that if the petitioners tamper with the evidence or the witnesses,
in that case, the prosecution will be at liberty to move for
cancellation of bail, and (v) that the petitioners will appear
before the SHO of concerned PS in the first week of each month
till framing of charge in the case.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
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