Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner with specified conditions.
Summary
Ankit Kumar was arrested in a Siwan raid where police recovered 32 grams of a narcotic (smack) and charged him under Sections 8 and 20(b)ii(a) of the NDPS Act, 1985. The petitioner contended that he was falsely implicated, that the seizure lacked a forensic laboratory (FSL) report confirming the substance, and that the quantity was below commercial levels, thus not attracting the stringent provisions of Section 37. The State opposed bail. The High Court, noting that similarly situated accused had been granted bail by other benches, ordered his release on bail of Rs 10,000 with two sureties and imposed conditions such as regular attendance before the trial court and verification of criminal antecedents. The order emphasized that the bail terms should not be delayed for verification and that any observations would not affect the trial. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether bail can be granted to an accused under Sections 8 and 20(b)ii(a) of the NDPS Act when the seized quantity is less than commercial quantity and no FSL report is produced.
- Whether the absence of a forensic confirmation and the alleged false implication justify bail despite the seriousness of NDPS offences.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)ii(a), 37, 8
Subjects
- bail
- NDPS Act
- narcotics
- Section 37
- low quantity offence
- forensic report
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82336 of 2025
Arising Out of PS. Case No.-678 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Ankit Kumar S/O Rajkapur @ Rajkapur Prasad R/O Village - Koirigawa, P.S-
Barhariya, Distt.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Siwan
Muffasil P.S. Case No. 678 of 2025 dated 19.09.2025 registered
for the offences under Sections 8, 20(b)ii(a) of the Narcotic
Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case is that the police conducted a
raid and apprehended one person at the bus-stand and on his
lead another raid was conducted where four persons were found
to be present in a room and on search altogether 32 grams of
smack like contraband was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case and no such recovery has been made from his conscious
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possession. It has been submitted that the petitioner has been
made accused in one case of similar nature. It is next submitted
that admittedly the recovery was made from a room and the
police has submitted charge-sheet without the FSL report
confirming that the contraband was smack. It has also been
submitted that the quantity of the contraband recovered was less
than commercial quantity and therefore, the rigors of Section 37
of the NDPS Act shall not be attracted.
5. The petitioner is in custody since 20.09.2025.
6. Learned APP has vehemently opposed the prayer
for bail of the petitioner.
7. Considering the aforesaid facts and circumstances
and taking into account that similarly situated accused persons
namely Salendra Kumar @ Salendra Kumar Yadav (Cr. Misc.
No. 80176 of 2025) and Amar Soni (Cr. Misc. No. 80286 of
2025) have been granted bail by co-ordinate Benches of this
Court, he is directed to be released on bail on his furnishing bail
bonds in the sum of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Sessions Judge, Siwan in connection with Muffasil P.S. Case
No. 678 of 2025 subject to the following terms and conditions:
(i) One of the bailors will be a close relative of the
Patna High Court CR. MISC. No.82336 of 2025(2) dt.05-01-2026
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petitioner;
(ii) the petitioner will remain present on each and
every date fixed, if so required by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the trial court shall verify the criminal antecedent
of the petitioner and in case at any stage, it is found that the
petitioner has concealed his criminal antecedent, the trial court
shall take step for cancellation of bail bonds of the petitioner.
However, the acceptance of bail bonds in terms of the above
mentioned order shall not be delayed for purpose of the same on
in the name of verification.
(v) the petitioner is directed to appear before the SSP,
Siwan fortnightly to mark his attendance.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
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