Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner subject to bond and compliance conditions.
Summary
The petitioner, Akash Kumar, was arrested in connection with a Town Police Station case for alleged possession of 8.34 grams of a narcotic substance, contravening Sections 8(c) and 20(b)(ii)B of the NDPS Act. He contended that the personal search was not conducted in accordance with statutory requirements, that the quantity seized was merely intermediate and far below commercial levels, and that he has a clean criminal record. The State opposed bail, arguing the seriousness of the offence. The Court examined the facts, the procedural claim, and the petitioner’s willingness to cooperate, and concluded that bail could be granted with appropriate safeguards. Accordingly, the Court ordered regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of trial attendance and revocation if the petitioner reoffends.
Issues considered
- Whether bail should be granted in an NDPS case involving a small quantity of narcotic substance.
- Whether a failure to follow the prescribed personal search procedure under the NDPS Act warrants denial of bail.
- Whether the petitioner’s clean antecedents and willingness to cooperate justify regular bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)B, 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- personal search procedure
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 8760 of 2026
Arising Out of PS. Case No.-502 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Akash Kumar S/o- Chamru Ram R/v- Fulwaia @ Phulwariya 01, W.No-9, Po-
Barauni Ps- Fulwaria @ Phulwariya Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 21-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Town P.S. Case No. 502
of 2025 registered for the offences punishable under Sections 8
(c) and 20 (b) (ii) B of N.D.P.S Act.
3. As per the prosecution case, the informant-police
officer got information that two boys were wandering in the area
and were selling the smack in a co-operative market. Informant
with the other police personnels reached there and apprehended
two persons. The arrested persons were this petitioner and co-
accused Hammad Faisal. It is alleged that upon search of the
petitioner, total quantity of 8.34 gram of smack like substance
and some cash was recovered while from the possession of the
Patna High Court CR. MISC. No. 8760 of 2026(4) dt.21-04-2026
2/3
co-accused, 8.11 gm of smack like substance was recovered.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has been submitted that procedures as prescribed
relating to personal search as provided in N.D.P.S act has not
been followed. He further submits that charges have been
framed in this case and petitioner is ready to co-operate in the
trial and the quantity recovered is intermediary quantity much
less than the commercial quantity and little more over the small
quantity. Lastly, it has been submitted that the petitioner has
clean criminal antecedent and is in custody since 03.12.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record,
considering the aforesaid submissions of the parties, let the
petitioner above-named, be enlarged on bail on furnishing bail-
bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned Court
Court of P.S.J., Begusrai in connection with Town P.S. Case No.
502 of 2025, subject to the following condition:-
(i) It is directed that petitioner should co-operate in
the trial and will be present on each and every fixed in the trial
Patna High Court CR. MISC. No. 8760 of 2026(4) dt.21-04-2026
3/3
and failure on two consecutive dates would entitle his bail to be
cancelled.
(ii) If the petitioner gets involved himself in same and
similar nature of offence in future, the prosecution would be at
liberty to move an application for cancellation of his bail.
7. The application stands allowed
(Praveen Kumar, J)
vashudha/-
U T
Checking your session…