Patna High Court
Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
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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