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Patna High Court

Arvind KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond with two sureties.

Summary

Arvind Kumar was arrested in connection with a case where 9.6 kg of ganja was recovered from a co‑accused, Najare Alam, who alleged that the drugs were being carried for Kumar. The petitioner claimed he was falsely implicated, had no criminal antecedent, and had been in judicial custody since 25‑06‑2025. The State opposed the bail application, while the petitioner’s counsel argued that the only evidence against him was the co‑accused’s statement and that a similar co‑accused had already been granted bail. The Court examined the facts, the nature of the offence under the NDPS Act, and the petitioner’s clean record. Considering these circumstances, the Court decided to enlarge bail on the condition of a Rs 10,000 bond with two sureties. The order directed the petitioner to appear before the Special Judge, Exclusive Special Court‑I (NDPS), Muzaffarpur.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 8 and 20(b)(ii)(B) of the NDPS Act given the circumstances of the case.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug trafficking
  • co‑accused statement
  • judicial custody
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87313 of 2025
                    Arising Out of PS. Case No.-871 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Arvind Kumar, S/o Laxman Ray, Resident of Village- Bahadurpur, P.S.-
                 Goraul, Dist- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Ahiyapur P.S. Case No. 871 of 2025 registered for the

                   offence punishable under Sections 8/20(b)(ii)(B) of N.D.P.S.

                   Act.

                                3. The case of the prosecution, in short, is that from

                   the possession of Najare Alam, altogether 9.6 Kg of ganja was

                   recovered. On being asked, he disclosed that he was carrying

                   this ganja for one co-accused Arvind Kumar, the petitioner.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Nothing has been recovered from the possession of this
             Patna High Court CR. MISC. No.87313 of 2025(2) dt.05-01-2026
                                                         2/2




                       petitioner rather his name has surfaced in the statement of the

                       co-accused. It has further been submitted that Najre Alam from

                       whose possession the ganja was recovered has been granted bail

                       by this Court vide Cr. Misc. No. 81104 of 2025. The case of this

                       petitioner stands on similar footing. Petitioner is having no

                       criminal antecedent and he is languishing in judicial custody

                       since 25.06.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned Special

                       Judge, Exclusive Special Court-I (NDPS), Muzaffarpur in

                       connection with Ahiyapur P.S. Case No. 871 of 2025.


                                                    (Ashok Kumar Pandey, J)

lata/-
U        T


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