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Patna High Court

Annu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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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