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Patna High Court

Pankaj Kumar @ Pankaj Sahu @ Sanjeet AgrawalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner with conditions, as the court found no direct possession of the narcotics and considered the petitioner’s clean antecedent.

Summary

The petitioner, Pankaj Kumar, was charged under Section 111 of the Bharatiya Nyaya Sanhita and multiple sections of the NDPS Act for alleged involvement in the recovery of 500 g of heroin. The prosecution relied on a self‑inculpatory statement of a co‑accused, Deepak Sahni, which mentioned the petitioner, but no heroin was found in the petitioner’s possession. The petitioner pleaded innocence, asserted a clean antecedent, and sought regular bail. The court noted the absence of any seized contraband from the petitioner and, after considering the length of custody, allowed the bail application with a cash bond of Rs 10,000 and two sureties, subject to verification of antecedents and weekly police‑station attendance. The order was limited to bail and did not express any view on the merits of the underlying criminal case.

Issues considered

  • Whether bail should be granted to the petitioner despite the recovery of a large quantity of heroin and a self‑inculpatory statement implicating him.
  • Whether the absence of seized contraband from the petitioner’s possession and his claim of a clean antecedent justify bail.
  • Whether the court may impose conditions such as verification of antecedents and regular police‑station attendance while granting bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Bharatiya Nyaya Sanhita
  • heroin
  • self‑inculpatory statement
  • clean antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77533 of 2025
                 Arising Out of PS. Case No.-293 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Pankaj Kumar @ Pankaj Sahu @ Sanjeet Agrawal S/o Paras Nath Prasad R/o
                 Village - Raghunathpur, P.S - Brahampur, District - Buxar

                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    The Union of India through Narcotics Control Bureau (N.C.B) New Delhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Ramakant Yadav, Advocate
                 For the State           :       Mr.Choubey Jawahar, APP
                 For the UOI             :       Mr. Abhishek Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   14-05-2026                    Heard learned counsel for the petitioner; and learned

                   APP for the State and learned counsel for the Union of India

                   (NCB).

                                 2. The petitioner seeks bail in connection with Town

                   P.S. Case No. 293 of 2025 registered for the offence punishable

                   under Sections 111 of the Bharatiya Nyaya Sanhita and Sections

                   8(C), 17(C), 18(C), 21(C), 29 and 31 of the NDPS.

                                 3. As per the prosecution case, there is recovery of

                   500 gram of heroin.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. Nothing has been recovered from the conscious

                   possession of the petitioner. The petitioner is in custody since
Patna High Court CR. MISC. No.77533 of 2025(6) dt.14-05-2026
                                            2/3




          25.07.2025 and claims clean antecedent.

                       5. Learned APP appearing for the State and learned

          counsel for the Union of India (N.C.B.) have vehemently

          opposed the prayer for regular bail of the petitioner.

                       6. The name of the petitioner has come in the self

          inculpatory statement of Deepak Sahni.

                       7. Considering the fact that nothing has been

          recovered from the possession of the petitioner and the period of

          custody, this application is allowed.

                       8. Let the petitioner, above named, be released on bail

          on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Principal Sessions Judge, Begusarai/ concerned Court in

          connection with Town P.S. Case No. 293 of 2025.

                       9. As the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If

          the petitioner is found to be involved in any other case then the

          bail bonds of the petitioner shall not be accepted.

                       10. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Brahampur Police Station, District- Buxar on every Sunday of
           Patna High Court CR. MISC. No.77533 of 2025(6) dt.14-05-2026
                                                       3/3




                     the month. Any default in appearance at the police station will

                     result in cancellation of bail bonds of the petitioner.

                                  11. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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