Patna High Court
Ajay Kumar @ Satyendra TurhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to a bond of Rs.15,000 and specified conditions.
Summary
The petitioner, Ajay Kumar, was arrested in connection with a case under Sections 22(b), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where a large quantity of narcotic substances was seized from the house of a co‑accused. The petitioner contended that he was falsely implicated, had no prior criminal record, no narcotics were found in his possession, and the only link to him was a confessional statement of another accused, which he argued lacks evidentiary value. He also pointed out non‑compliance of statutory requirements under Sections 42 and 50 of the NDPS Act and Section 103 of the B.N.S.S. The State opposed bail, citing the seriousness of the offences. Considering the lack of direct evidence, the petitioner’s custody period, and parity with a co‑accused who had been granted bail, the Court inclined to grant bail, imposing a bond of Rs.15,000 with two sureties and specific conditions of appearance and cooperation.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act given the nature of the offences and the evidentiary material.
- Whether the statutory requirements of Sections 42, 50 of the NDPS Act and Section 103 of the B.N.S.S. have been complied with.
Legislation cited
- B.N.S.S. — s. 103
- Narcotic Drugs and Psychotropic Substances Act — s. 22(b), 25, 29, 42, 50
Subjects
- bail
- NDPS Act
- narcotic seizure
- false implication
- confessional statement
- Section 42
- Section 50
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71152 of 2025
Arising Out of PS. Case No.-151 Year-2025 Thana- RAXAUL District- East Champaran
======================================================
Ajay Kumar @ Satyendra Turha Son of Late Jagdish Prasad Resident of
village - Sheopuri Naga Road Raxaul, P.S.- Raxaul, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Raxaul
P.S. case No. 151 of 2025 instituted for the offences under
Sections 22(b), 25 and 29 of the N.D.P.S. Act.
3. As per prosecution case, the police has recovered
Tramadus capsule 6600 pieces, Sampex Capsule 864 pieces,
Trarem 100-240 pieces, Nitravet-10 600 tablets, Onrex Syrup 6
pieces of 100 ml each, 5 empty bottles of Blendep Reserve
Whisky, Betzeeare-10 100 tablets i.e. intoxicant medicines and
syrup from the house of father-in-law of the co-accused Ravi
Kumar Gupta.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case due
Patna High Court CR. MISC. No.71152 of 2025(4) dt.28-01-2026
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to oblique and ulterior motive. Charge-sheet has been submitted
in this case. Petitioner is in custody since 16.09.2025 and has no
criminal antecedent. There is no allegation of tampering of
witnesses alleged against the petitioner. No incriminating
material has been recovered from the conscious possession of
the petitioner. Even the petitioner was not seen at the place of
occurrence. The name of the petitioner has transpired in this
case on the basis of the confessional statement of the co-accused
Ravi Kumar Gupta recorded before the police which has got no
evidentiary value in the eye of law. There is no compliance of
Sections 42 and 50 of the N.D.P.S. Act. Learned counsel for the
petitioner further submits that other co-accused Manoj Kumar
@ Manoj Gupta has been granted bail by this Bench of this
Court vide order dated 15.10.2025 passed in Cr. Misc. No.
48665 of 2025. There is also no compliance of Section 103 of
the B.N.S.S.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, claim based on parity and the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
Patna High Court CR. MISC. No.71152 of 2025(4) dt.28-01-2026
3/3
7. Let the petitioner be released on bail, after framing
of charge if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Raxaul P.S. case No. 151 of 2025, subject to
the following conditions;
(i) One of the bailor(s) shall be the own/close family
members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall
be properly represented on each and every date fixed by the
court and shall remain physically present as directed by the
Court and in the event of failure on two consecutive dates
without sufficient reasons, his bail bond shall be liable to be
cancelled by the court below.
(Rudra Prakash Mishra, J)
manish/-
U T
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