Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted bail to the petitioners, finding no sufficient ground to keep them in custody.
Summary
The petitioners, Raj Narayan Kumar and Chandan Kumar, were arrested in a case under Sections 8(c) and 21(b) of the NDPS Act for allegedly possessing 0.2 grams of cannabis (smack) recovered from a four‑wheeler. They contended that they were neither owners nor drivers of the vehicle, that no incriminating articles were found on their persons, and that they had no prior criminal record. The State opposed bail, but the court noted that a similarly situated co‑accused, Nandu Das, had already been granted bail. Considering the lack of direct evidence against the petitioners and their clean antecedents, the court ordered their release on bail. The bail condition required a bond of Rs.10,000 each with two sureties, to be satisfied before the Sessions Judge‑c‑m‑Special Judge, NDPS Act, Saharsa.
Issues considered
- What is the appropriateness of granting bail to the accused under Sections 8(c) and 21(b) of the NDPS Act given the facts of the case?
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- criminal procedure
- presumption of innocence
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79360 of 2025
Arising Out of PS. Case No.-110 Year-2025 Thana- BANGAWON District- Saharsa
======================================================
Raj Narayan Kumar, aged about 26 years, S/o Chhedi Paswan R/o Village-
Thutha, ward no 05, Ps- Mahishi, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 79423 of 2025
Arising Out of PS. Case No.-110 Year-2025 Thana- BANGAWON District- Saharsa
======================================================
Chandan Kumar, aged about 21 years, S/O Pawitar Pandit Resident of
Baluaha, Ward no. 14, P.S.- Mahishi, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 79360 of 2025)
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
(In CRIMINAL MISCELLANEOUS No. 79423 of 2025)
For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. Petitioners are in custody in a case registered for
the offence punishable under Sections 8(c), 21(b) of the NDPS
Act.
3. As per the allegation in the FIR, 20.02 (0.2) grams
Patna High Court CR. MISC. No.79360 of 2025(3) dt.17-01-2026
2/3
of smack has been recovered from a four wheeler bearing
Registration No. BR-19P4641 and petitioners were travelling on
the said vehicle.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. He next submits that no incriminating articles have been
recovered from the conscious possession of the petitioners
except their mobile phones. He further submits that petitioners
are neither owner of the alleged seized vehicle and nor the
driver. He next submits that similarly situated co-accused
person, namely, Nandu Das has already been granted bail by this
Court vide order dated 03.12.2025 passed in Cr. Misc. No.78086
of 2025. He next submits that petitioners are in custody since
16.07.2025 and have got no criminal antecedent as stated in
para-3 of the bail petition.
5. Learned APP for the State opposes the prayer for
bail of the petitioners.
6. On perusal of the FIR, case diary and impugned
order dated 16.10.2025, it appears that no incriminating articles
have been recovered from the conscious possession of these
petitioners and they have got no criminal antecedents as well as
the fact that similarly situated other co-accused persons namely,
Patna High Court CR. MISC. No.79360 of 2025(3) dt.17-01-2026
3/3
Nandu Das has already been granted bail by this Court vide
order dated 03.12.2025 passed in Cr. Misc. No.78086 of 2025.
So, considering the aforesaid facts and circumstances of the case
and submission of learned counsel for the petitioners, let the
above-named petitioners be released on bail, on their furnishing
bail bonds of Rs.10,000/-(Ten thousand) each with two sureties
of the like amount each to the satisfaction of learned Sessions
Judge-cum-Special Judge, NDPS Act, Saharsa in connection
with Bangaon P.S. Case No.110 of 2025.
(Ramesh Chand Malviya, J)
Harshita/-
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