Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioners.
Summary
The petitioners, Ankit Kumar and Ritik Tiwary, were arrested in a police raid related to Marhowrah P.S. Case No. 611 of 2025 and charged under several provisions of the Bharatiya Nyaya Sanhita, the Arms Act and the NDPS Act. The police recovered two pistols, live cartridges and 6.20 grams of cannabis resin from co‑accused, while only two foldable knives were found on the petitioners. The petitioners contended that no incriminating material was found in their possession, the contraband was below commercial quantity and thus Section 37 of the NDPS Act was inapplicable, and that procedural requirements under Sections 42 and 50 of the NDPS Act were not complied with. The State opposed bail, but the Court noted the limited quantity of the seized narcotics, the length of custody since 31‑08‑2025, and the lack of direct evidence against the petitioners. Consequently, the Court granted bail subject to a cash bond of Rs.15,000 each, two sureties, a family member as bailor, and strict attendance at all trial dates.
Issues considered
- Whether bail should be granted to the accused despite charges under the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act.
- Whether the recovery of narcotics below commercial quantity and the non‑application of Section 37 NDPS affect the bail decision.
- Whether non‑compliance with procedural provisions of the NDPS Act (Sections 42 and 50) warrants denial of bail.
- Whether the period of pre‑trial custody justifies the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 310(4), 310(5), 317(2), 317(5), 3(5)
- NDPS Act — s. 18, 22, 37, 42, 50
Subjects
- bail
- pre‑trial detention
- NDPS Act
- Arms Act
- Bharatiya Nyaya Sanhita
- contraband quantity
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81868 of 2025
Arising Out of PS. Case No.-611 Year-2025 Thana- MADHAURAH District- Saran
======================================================
1. Ankit Kumar Son of Biru Mishra @ Veeru Mishra R/o Village- Rasulpur,
P.S.- Lalganj, District- Vaishali
2. Ritik Tiwary @ Ritik Kumar @ Vikash Tiwary Son of Late Randha Tiwary
R/o Village- Sograha, P.S.- Phulwariya, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Raju Kumar, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Marhowrah P.S. Case No. 611 of 2025, instituted for the
offences punishable under Sections 310(4), 310(5), 317(2),
317(5), 111, 3(5) of the Bharatiya Nyaya Sanhita, 2023, read
with Sections 25(1-B)(a), 26, 35 of the Arms Act, Sections 18
and 22 of the NDPS Act.
3. The prosecution case, in short, is that on the basis
of secret information, the police raided the place of occurrence
and arrested the petitioners along with other co-accused persons.
Patna High Court CR. MISC. No.81868 of 2025(2) dt.20-01-2026
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It is further alleged that on search, the police has recovered two
loaded country made pistols, two live cartridges, total 6.20 gram
smack from other co-accused persons and only two foldable
knives have been recovered from the possession of these
petitioners.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. Learned counsel for
the petitioners also submits that the petitioners have been
arrested only on the basis of suspicion. It is further submitted
that the petitioners have got no concern with the alleged
recovery of smack and arms. The alleged articles have been
recovered from the possession of other co-accused persons. The
recovered contraband is below the commercial quantity. Hence,
Section 37 of the N.D.P.S. Act is not applicable in the present
case. The petitioners are in custody since 31.08.2025. Petitioner
no. 1 has got two criminal antecedents and petitioner no. 2 has
got no criminal antecedent. There is no compliance of Sections
42 and 50 of the N.D.P.S. Act.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
Patna High Court CR. MISC. No.81868 of 2025(2) dt.20-01-2026
3/3
6. Considering the aforesaid facts and circumstances
of the case, the recovered contraband being below the
commercial quantity and taking into account the period of
custody undergone by the petitioners, this Court is inclined to
grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Marhowrah P.S.
Case No. 611 of 2025, subject to the following conditions;
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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