Patna High Court
Annu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted because no incriminating article was recovered from the petitioner’s conscious possession and he had no prior criminal antecedent.
Summary
Annu Kumar, a 24‑year‑old resident of Darbhanga, was arrested in a case under Sections 8(c), 29, 35 and 21(c) of the NDPS Act after a police raid recovered large quantities of cough syrup and tablets from a co‑accused’s house and a motorcycle. The petitioner contended that no contraband was found in his personal possession, that he had no prior criminal record, and that the seizure witnesses were police officers, thus alleging false implication. The State opposed his bail application. The court examined the FIR, case diary and the order dated 16‑09‑2025 and noted the absence of any seized article from the petitioner’s conscious possession. Relying on the lack of incriminating evidence against him and his clean antecedent, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount. The bail was conditioned on the satisfaction of the Special Judge, NDPS, Darbhanga and the Additional Sessions Judge‑I, Darbhanga.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act when no contraband is found in his conscious possession
- Whether the petitioner’s clean criminal record and lack of direct evidence warrant bail despite the seriousness of the alleged offence
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 29, 35, 8(c)
Subjects
- bail
- NDPS Act
- drug seizure
- custody
- no incriminating article
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74041 of 2025
Arising Out of PS. Case No.-136 Year-2025 Thana- DARBHANGA District- Darbhanga
======================================================
Annu Kumar, aged about-24 years, S/o Pradeep Sharma Resident of village-
Jitu Gachhi, Phulwari, P.S.- Town, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner is in custody in a case registered for the
offence punishable under Sections 8(c), 29, 35, 21(c) of the
NDPS Act.
3. As per allegation in the FIR, after receiving a secret
information, on 20.07.2025 the police conducted raid in the
house of the co-accused person, namely, Amardeep Sharma and
upon seeing the police party, accused Annu Kumar and
Amardeep Sharma fled away. On search, 220 bottles of Onerex
Cough Syrup of 100 ml each, 11520 tablets of Pyeevon Spas
Plus and 1875 tablets of Anxit 0.5 were recovered from the
house of the petitioner and 30 bottles of Onerex Cough Syrup
Patna High Court CR. MISC. No.74041 of 2025(3) dt.21-01-2026
2/3
was recovered from the motorcycle bearing Chassis
No.ME1SE0857-1S0148063.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. He next submits that no incriminating article has been
recovered from the conscious possession of this petitioner nor
from his own house nor from his belonging place. He next
submits that seizure list witnesses are none other than the
members of the police personnel. He submits that petitioner is in
custody since 28.07.2025 and has got no criminal antecedent as
stated in para-3 of the bail petition.
5. Learned APP for the State oppose the prayer for
bail of the petitioner.
6. On perusal of the FIR, case diary and impugned
order dated 16.09.2025, it appears that nothing has been
recovered from the conscious possession of the present
petitioner and he has got no criminal antecedent as stated in
para-3 of the bail petition. So, considering the aforesaid facts
and circumstances of the case and submission of learned
counsel for the petitioner, let the above-named petitioner be
released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten
thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.74041 of 2025(3) dt.21-01-2026
3/3
satisfaction of learned Special Judge, NDPS, Darbhanga &
Additional Sessions Judge-I, Darbhanga in connection with
Town P.S. Case No.136 of 2025.
(Ramesh Chand Malviya, J)
Harshita/-
U T
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