Patna High Court
Aman Kumar @ Aman Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that regular bail could not be granted because of the petitioner’s prior criminal antecedents and the seriousness of the offence involving a non‑small quantity of narcotic.
Summary
The petitioner, Aman Kumar, applied for regular bail in an NDPS case where a search of a motorcycle he was riding yielded 17 grams of smack. The prosecution alleged the substance was morphinan mixed with trimethoprim, and the petitioner has prior involvement in eight criminal cases, including another NDPS matter. The petitioner argued that no incriminating article was found on his person and that the quantity was between small and commercial limits. The State opposed bail, citing the FSL report and the petitioner’s criminal antecedents. The court, after considering the seriousness of the offence, the quantity seized, and the petitioner’s history, refused bail and directed the trial court to expedite the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act and related statutes given the quantity of narcotic seized and his prior criminal record.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 317(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- regular bail
- NDPS Act
- Arms Act
- narcotic seizure
- criminal antecedents
- bail denial
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87717 of 2025
Arising Out of PS. Case No.-338 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Aman Kumar @ Aman Kumar Giri S/O Rakesh Giri R/O Vill.- Balmi
Sirsiya,P.S- Kalayanpur,District- East Champaran,Motihari
... ... 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. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 20-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with N.D.P.S. Case no.126 of
2025, arising out of Sahebganj P.S. Case no.338 of 2025,
registered under section 317(5) of the Bhartiya Nyaya Sanhita,
2023, sections 25(1-B)(a), 26 and 35 of the Arms Act and
sections 8(c) and 21(b) of the N.D.P.S. Act.
3. As per the prosecution case, on a search being
conducted of the TVS motorcycle, from the possession of the
petitioner who was a pillion rider on the same, it is stated that 40
purias of smack weighing a total of 17 grams was recovered.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who has been falsely implicated in the case. Though
Patna High Court CR. MISC. No.87717 of 2025(3) dt.20-02-2026
2/2
the alleged quantity said to be recovered is more than the small
quantity but is less than commercial quantity. The petitioner is
in custody since 26.6.2025 and charge-sheet has been submitted
in the case. He undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned APP
for the State, who submits that the petitioner is accused from
before in as many as eight cases including a case under the
N.D.P.S Act. It is further submitted that the FSL report dated
26.9.2025 confirms the incriminating substance recovered to be
Morphinan along with Trimethoprim.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the contents of the FSL report as stated herein above
together with the petitioner having antecedents of eight cases
including a case under the N.D.P.S. Act, the Court is not
inclined to enlarge the petitioner on bail and the application is
rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
Shiv/-
U T
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