Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Mukesh Kumar, who is in custody, applied for bail in a case registered under Section 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The police raid recovered brown sugar from another accused and a mobile phone from the petitioner, but no narcotic was found in his conscious possession. The petitioner argued that he was falsely implicated, the seizure list lacked an independent witness signature, and he has a prior criminal case. The State opposed bail. The High Court, after considering the submissions, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding surety relations, physical presence in court, and verification of criminal antecedents. The order also clarified that any observations made therein would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under the Bharatiya Nyaya Sanhita and NDPS Act.
- Whether the absence of narcotic substance in the petitioner's conscious possession and lack of an independent witness signature on the seizure list justify granting bail.
- Whether the petitioner's prior criminal antecedent impacts the decision to grant bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111(2)(b)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- seizure list
- conscious possession
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85633 of 2025
Arising Out of PS. Case No.-427 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Mukesh Kumar, Son of Dinesh Prasad @ Dinesh Prasad Yadav, Resident of
Mokimpur, P.S.- Parsa Bazar, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Parsa Bazar P.S. Case No.427 of 2025
registered for the offences punishable under Section 111(2)(b) of
the Bharatiya Nyaya Sanhita, 2023 and Section 8(c) and 21(b)
of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. As per the prosecution case, the informant received
secret information about some persons who were engaged in the
illegal sale of smack/brown sugar, on which a raid was
conducted and on seeing the police party few persons attempted
to flee, however, the police chased them and apprehended four
persons, namely, Golu Kumar, Aakash Kumar, Mukesh Kumar
(petitioner) and Rohit Kumar. On search being conducted total
Patna High Court CR. MISC. No.85633 of 2025(2) dt.08-01-2026
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8.50 grams of Brown Sugar and a mobile were recovered from
the possession of Golu Kumar and several recoveries were made
from other persons, while one mobile was recovered from the
pocket of the petitioner, Mukesh Kumar.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and no
recovery of any narcotic substance was made from his
conscious possession. It has further been submitted that brown
sugar is said to have been recovered from Golu Kumar. It has
also been submitted that the seizure list does not contain
signature of any independent witness, while the petitioner has
one criminal case against his name and he is in custody since
14.10.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Parsa Bazar P.S. Case No.427 of 2025, subject
to the following conditions:-
(i) One of the bailors of the petitioner shall
Patna High Court CR. MISC. No.85633 of 2025(2) dt.08-01-2026
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be his close relative and the other shall be local
resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled by
the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail bond.
(v) The learned Court below 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 court below shall take step for
cancellation of bail bond of the petitioner. However,
the acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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