Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, finding that the circumstances warranted release on bond.
Summary
Mukesh Kumar was arrested in connection with the recovery of 490 grams of charas, alleged to be an offence under Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner had previously applied for bail, which was denied by the same court on 25.06.2025. He argued that he is innocent, has no prior criminal record, and that no witnesses have been examined despite charges being framed. The State opposed the bail on the ground of the seriousness of the NDPS offence. Considering the intermediate quantity of the drug, the petitioner's clean antecedent and the length of his custody, the court allowed the bail application. The court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the trial court.
Issues considered
- Whether bail should be granted to the accused in an NDPS case involving an intermediate quantity of charas, given the clean antecedent and custodial period.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 8
Subjects
- NDPS Act
- bail
- charas possession
- intermediate quantity
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81274 of 2025
Arising Out of PS. Case No.-59 Year-2025 Thana- JITNA District- East Champaran
======================================================
Mukesh Kumar Son of Late Teja Rai Resident of Village - Bakarihari, Ward
no.-2, P.S. - Dhaka, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 05-05-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Jitna P.S. Case No. 59 of 2025, registered for the offence
punishable under Sections 8/20(b)(ii)(B) of the N.D.P.S. Act.
3. This is the second attempt of the bail of the
petitioner. Earlier, the prayer for bail of the petitioner was
rejected by this Court vide order dated 25.06.2025 passed in Cr.
Misc. No. 38436/2025.
4. The recovery is of 490 grams of charas from the
possession of the petitioner.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. The
petitioner has no criminal antecedent and he is in custody since
01.04.2025. But the cognizance has been taken on 21.06.2025.
In the trial, charges has been framed but no witnesses has been
examined.
Patna High Court CR. MISC. No.81274 of 2025(3) dt.05-05-2026
2/2
6. Learned A.P.P. for the State has opposed the prayer
for bail.
7. Considering the facts and circumstances of the
case, intermediate quantity of recovered charas, clean
antecedent of the petitioner and also period of custody, this bail
application is allowed.
8. Let the petitioner above named, be granted bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Court concerned where the case is
pending/successor court in connection with Jitna P.S. Case No.
59 of 2025.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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