Patna High Court
Indrajit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Indrajit Kumar, was arrested in connection with a seizure of 1,047 grams of heroin from a swift car and charged under sections 8(c), 21(c), 25 and 29 of the NDPS Act. He contended that he was merely a passenger, not the owner or driver, and had no prior criminal record, having been in judicial custody since 31 May 2025. The State opposed regular bail, relying on diary entries that placed the petitioner’s movements between Ghazipur and Ara. After hearing both sides, the Court found the petitioner’s claim plausible and, considering the circumstances, ordered his release on regular bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, to be approved by the Special Judge of the NDPS Court in Bhojpur.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the seriousness of the alleged offence and the quantity of heroin seized.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 25, 29, 8(c)
Subjects
- NDPS Act
- regular bail
- drug trafficking
- heroin seizure
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75224 of 2025
Arising Out of PS. Case No.-354 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Indrajit Kumar S/O Mr. Baldeo Paswan Mohalla Paswan Toli Anaith P.S. Ara
Nawada, Dist. Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Vardhan, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8(c), 21(c) ,
25 and 29 of the N.D.P.S. Act
3. The case of the prosecution is that from a swift
dezire car, two packets of heroin having weight of 523 gm and
524 gm in total 1047 gm was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the petitioner is
neither the owner nor the driver of the said vehicle rather he has
taken life in the said car and was apprehended by the police.
Petitioner is having no criminal antecedent. Moreover, he is
Patna High Court CR. MISC. No.75224 of 2025(3) dt.15-01-2026
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languishing in judicial custody since 31.05.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that from perusal of the para- 146 of the case diary, it
is clear that the tower location of this petitioner was found from
Ghazipur to Ara.
6. From perusal of the para-146 of the diary, it is clear
that the location of this petitioner is only in Anaith, Bhojpur and
this goes to show that the defense taken by the petitioner that he
has taken lift in the car seems to be believable.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Ara Nawada P.S. Case No. 354 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Principal District and
Sessions Judge cum Special Judge (NDPS), Bhojpur at Ara.
(Ashok Kumar Pandey, J)
shubham/-
U
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