Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The petitioner is entitled to regular bail and was released on bail.
Summary
The petitioner, Sunil Kumar, was arrested on 30 July 2025 in connection with a seizure of approximately 3.844 kg of ganja from the house of co‑accused Sipahi Kumar Rai. He was charged under Sections 20(b)(ii)(B) and 8 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner applied for regular bail, asserting that he has no prior criminal record and was implicated merely because he was present at the scene and was seen fleeing. The State opposed bail but conceded that the accusation was based primarily on his presence at the recovery site. The Court, considering the petitioner’s clean antecedent, his young age, the completed investigation, and the circumstances of his alleged involvement, decided to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 20,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for offences under Sections 20(b)(ii)(B) and 8, given his lack of antecedents and the facts of the case
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- regular bail
- criminal antecedent
- contraband seizure
- young age
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86973 of 2025
Arising Out of PS. Case No.-232 Year-2025 Thana- PARSA District- Saran
======================================================
Sunil Kumar S/O Shri Chandeshwar Rai R/o - Village - Sabalpur, P.S. -
Sonepur, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kunal Singh, Advocate
For the State : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
3 12-01-2026 Heard Mr. Kunal Singh, learned counsel for the
Petitioner and Mr. Arun Kumar Singh, learned APP for the
State.
2. Petitioner seeks regular bail in connection with
Parsa P.S. Case No. 232 of 2025 dated 30.07.2025 registered for
the offences punishable under Sections 20(b) (ii) (B) and 8 of
the NDPS Act.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner bears no criminal antecedent and
he has been made accused mainly on account of his presence in
the house of the co-accused Sipahi Kumar Rai from whose
house the alleged contraband being suspected to be Ganja being
3.844 Kg is alleged to have been recovered, the petitioner has
been languishing in jail since 30.07.2025 and against him, the
Patna High Court CR. MISC. No.86973 of 2025(3) dt.12-01-2026
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investigation has been completed.
4. Though learned APP for the State has opposed the
prayer for bail of the petitioner but fairly accepts that petitioner
was made accused mainly on account of he being seen in fleeing
position from the place of recovery which is said to be house of
the co-accused.
5. Considering the above submissions, averments
made in this application, petitioner’s fair and clean antecedent,
coupled with the petitioner’s aforesaid defence and his custody
period as well as young age, this Court is inclined to release him
on bail. 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 Parsa P.S.
Case No. 232 of 2025.
(Shailendra Singh, J)
maynaz/-
U T
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