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Patna High Court

Shyam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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