Patna High Court
Pankaj Kumar @ Pankaj Sahu @ Sanjeet AgrawalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 111
- Narcotic Drugs and Psychotropic Substances Act — s. 17(C), 18(C), 21(C), 29, 31, 8(C)
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
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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
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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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