Patna High Court
Shyam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Shyam Kumar was arrested in July 2025 for alleged possession of 4.99 kg of a ganja-like substance, charged under Sections 8, 20(b)(II)(B), 23(b), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act. He applied for regular bail, asserting that he has no prior criminal record, has been in custody for over a month, and that the investigation is complete. The petitioner also highlighted that the only witnesses are police officers and that the recovery memo was prepared solely by police personnel. The State opposed the bail application. The Court, noting the petitioner’s clean antecedent, the completed investigation, and the fact that the principal prosecution witnesses are official persons, deemed the case suitable for bail and ordered his release on a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether bail should be granted to an accused in an NDPS case involving Sections 8, 20(b)(II)(B), 23(b), 25 and 29, considering the completion of investigation, lack of prior criminal record, and that the main witnesses are police officials.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(II)(B), 23(b), 25, 29, 8
Subjects
- bail
- NDPS Act
- narcotics
- criminal procedure
- official witnesses
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86137 of 2025
Arising Out of PS. Case No.-229 Year-2025 Thana- CHHAURADANO District- East
Champaran
======================================================
Shyam Kumar Son of Awadhesh Rai @ Awadhesh Ray Resident Of Village-
Badka Dostiya Ps- Lakhaura District -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.III, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 Heard Mr. Sunil Kumar No.III, learned counsel for
the Petitioner and Mr. Surendra Prasad Singh, learned APP for the
State.
2. Petitioner seeks regular bail in connection with
N.D.P.S. G.R. Case No. 103/2025 arising out of Chhauradano P.S.
Case No. 229 of 2025 dated 25.07.2025 registered for the offence
punishable under Sections 8, 20(b) (II)(B), 23(b), 25 and 29 of the
NDPS Act.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner bears no criminal antecedent, has
been languishing in jail since 26.07.2025, and at the time of
recovery, he was riding the alleged motorcycle and as per the
prosecution story, the recovery of the alleged contraband, i.e.,
4.990 kg ganja-like substance, is stated to have been made from a
sack which was being carried by the pillion rider, co-accused
Patna High Court CR. MISC. No.86137 of 2025(2) dt.12-01-2026
2/2
Anish Kumar. It is further submitted that there is no independent
witness rather, all the witnesses are police personnel, and the
recovery memo was prepared in the presence of police personnel
only, therefore, the release of the petitioner will not affect the
prosecution in any manner at this stage, as the investigation
against the petitioner has been completed.
4. Learned APP for the State has opposed the prayer
for bail of the petitioner.
5. Considering the aforesaid submissions, averments
made in this application, petitioner’s custody period, completion of
investigation against him and his fair and clean antecedent and
mainly the fact that the main prosecution witnesses who are to be
examined in the trial of the petitioner, are official persons, in my
opinion, it is a fit case for bail to the petitioner. Accordingly, let
the petitioner named-above be released on bail on furnishing bail
bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties
of the like amount each to the satisfaction of the concerned Court
in connection with N.D.P.S. G.R. Case No. 103/2025 arising out
of Chhauradano P.S. Case No. 229 of 2025.
(Shailendra Singh, J)
maynaz/-
U T
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