Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted bail to the petitioners with a bond of Rs.10,000 and specified conditions, despite the seriousness of the offences.
Summary
The Patna High Court considered bail applications filed by Jitendra Kumar and Ranjan Kumar, who were arrested in connection with a seizure of 7,500 tablets of Anxit and 1,550 bottles of Onrex cough syrup, alleged to be illegal narcotics and illicit liquor under the NDPS Act and the Bihar Prohibition and Excise Act. Both petitioners contended that they were falsely implicated, had no ownership or control over the premises where the contraband was found, and that mandatory provisions of Section 50 of the NDPS Act were not complied with. The State opposed the bail, citing the seriousness of the offences. After hearing counsel, the Court noted the petitioners' willingness to furnish a bail bond and sureties, and imposed several conditions including regular reporting to the Superintendent of Police and verification of criminal antecedents. The Court granted bail to both petitioners subject to a Rs.10,000 bond, two sureties, and the stipulated conditions.
Issues considered
- Whether bail can be granted to the accused under Sections 21 and 22(b)(b) of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the mandatory provisions of Section 50 of the NDPS Act have been complied with in the investigation.
- Whether the petitioners' claims of false implication and lack of connection to the seized contraband merit bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 22(b)(b), 50
Subjects
- bail
- NDPS Act
- narcotics
- illicit liquor
- Section 50 NDPS
- excise
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76967 of 2025
Arising Out of PS. Case No.-602 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
Jitendra Kumar Son of Ramprit Manjhi @ Ramprit Mahto Resident of
Nasriganj, Takiyapar, P.S.- Danapur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 86528 of 2025
Arising Out of PS. Case No.-602 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
RANJAN KUMAR Son of Rambabu Thakur Resident of village - Nayi Sadak
Hamam Gali, Patna City SBI Bank, Police Station - Chowk, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 76967 of 2025)
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
For the Opposite Party/s : Mr. Gulnar Begum, APP
(In CRIMINAL MISCELLANEOUS No. 86528 of 2025)
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 08-01-2026 Heard the learned counsels for the petitioners
and learned APP for the State.
2. The learned counsel for the petitioner, namely,
Ranjan Kumar files a supplementary affidavit stating
therein that the Annexure-P/2 which was earlier filed along
with the main bail application may kindly be read to be
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deleted and he shall not be pressing upon the same.
3. Prayer is accorded.
4. Petitioners, who are in custody, seeks bail in
connection with Pirbahore P.S. Case No. 602 of 2025
registered for the offence(s) punishable under Section(s) 21
and 22(b)(b) of the N.D.P.S. Act and under Section 30(a) of
the Bihar Prohibition and Excise Act.
5. As per the prosecution case, during the course
of patrolling, the informant received information that a
consignment containing illegal narcotic drugs and illicit
liquor was being stored in the basement of a premises
situated at G.M. Road. Acting on the said information, a
search was conducted, during which a huge quantity of
narcotic substances, namely 7,500 tablets of Anxit 0.5 mg
and 1,550 bottles of 100 ml each of Onrex cough syrup,
totalling 155 litres was seized from the place of occurrence.
The petitioner, Jitendra Kumar, was apprehended at the
spot.
6. The learned counsel for the petitioner, Jitendra
Kumar, submits that he has falsely been implicated in the
present case and has no concern whatsoever with the
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recovered material. It is submitted that the petitioner is
neither the owner of the shop nor in any manner connected
with the sale or storage of the alleged narcotic substances. It
is further submitted that the place of occurrence belongs to
one Ranjan Kumar with whom the petitioner has no
connection whatsoever. It is also contended that the
petitioner’s name has been introduced at the behest of his
enemies. It has lastly been submitted that he has only one
criminal antecedent that too under Excise Act and he is in
custody since 02.08.2025.
7. Learned counsel appearing on behalf of the
petitioner, Ranjan Kumar, submits that the allegations
levelled against him are false and fabricated and that he has
no concern whatsoever with the recovered material. It is
submitted that neither the shop nor the building belongs to
the petitioner rather, the same was being run by the actual
owner of the building. It is further submitted that barring
the false statement there is nothing on record to connect the
petitioner with the alleged occurrence. It is also contended
that the mandatory provisions of Section 50 of the N.D.P.S.
Act have not been complied with. It has lastly been
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submitted that he has clean antecedent and he is in custody
since 07.09.2025.
8. The petitioner, namely, Jitendra Kumar is
willing and undertakes to deposit a sum of Rs. 5,000/- in the
account of Lawyers’ Association Welfare Benevolent Fund,
bearing Account No. 7801893276, IFSC Code:
IDIB000L501, Indian Bank, LNMI Branch, Bailey Road,
Patna.
9. The learned A.P.P. has vehemently opposed the
prayer for bail.
10. Regard being had to the facts and
circumstances of the case, let the petitioners, above named,
be released on bail on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each to
the satisfaction of the learned court below where the case is
pending/successor court in connection Pirbahore P.S. Case
No. 602 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioners shall be
their close relative and the other shall be the local resident.
(ii) The petitioners shall remain physically present
in Court on each date of the trial.
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(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the court
concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(vi) In view of the antecedents of the petitioners,
the petitioners are directed to appear before the
Superintendent of Police, Patna within fifteen days of his
release with a copy of this order and every two weeks
thereafter for the next nine months. The conduct of the
petitioners will be kept under watch in this period by the
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Superintendent of Police concerned and if it is found
wanting in any respect, a report shall be made to the court
concerned by him to initiate a proceeding for cancellation
of bail for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by the
petitioners before the court concerned.
11. The bail bond of the petitioner, Jitendra Kumar
shall be accepted by the learned Trial Court on showing
receipt of deposit of aforesaid amount with the Lawyers’
Association Welfare Benevolent Fund.
12. Accordingly, the prayer for bail is allowed.
13. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
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