Patna High Court
Disu Kumar @ Rishu Kumar @ Dishu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to bond and conditions.
Summary
Disu Kumar was arrested in connection with a raid that recovered 63.158 kg of ganja, and was charged under Sections 8 and 20(b)(ii)(c) of the NDPS Act and Section 317(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case relied on statements of co‑accused who named the petitioner, but no contraband was found in his possession and there was no allegation of witness tampering. The petitioner, who has two prior criminal records, argued that he was falsely implicated and that the statutory requirements of Sections 42 and 50 of the NDPS Act were not satisfied. The State opposed bail, citing the seriousness of the offence. The Court, noting the absence of material recovered from the petitioner and the period of custody already served, granted bail subject to a Rs.15,000 bond, two sureties and specific conditions, including appearance in court and non‑interference with evidence or witnesses.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act and Bharatiya Nyaya Sanhita when no narcotic substance was recovered from his possession.
- Whether the statutory requirements of Sections 42 and 50 of the NDPS Act have been complied with in the present case.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 42, 50, 8
Subjects
- bail
- NDPS Act
- drug seizure
- criminal procedure
- Bharatiya Nyaya Sanhita
- prior antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88114 of 2025
Arising Out of PS. Case No.-142 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Disu Kumar @ Rishu Kumar @ Dishu Kumar Son of Mithilesh Rai @
Mithalesh Rai Resident of village- Aurai, Ps- Aurai, Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
Mr. Purushottam Kumar, Advocate
For the Opposite Party/s : Ms. Renu Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Aurai
P.S. Case No. 142 of 2025 instituted for the offences under
Sections 8, 20(b)(ii)(c) of the N.D.P.S. Act and Section 317(2)
of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on receipt of
secret information, police conducted a raid and recovered
63.158 kg ganja from the spot; on seeing police, several persons
fled and two accused were apprehended, who disclosed the
names of others including the petitioner.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.88114 of 2025(3) dt.26-02-2026
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Charge-sheet has been submitted in this case. Petitioner is in
custody since 03.10.2025 and has two criminal antecedents.
There is no allegation of tampering of witnesses alleged against
the petitioner. No incriminating material has been recovered
from the conscious possession of the petitioner rather the
recovery has been made from the other co-accused persons who
were apprehended on the spot. Learned counsel for the
petitioner further submits that other co-accused has been granted
bail by this Bench vide order dated 21.01.2026 passed in Cr.
Misc. No. 2431 of 2026. Learned counsel further submitted that
petitioner has no knowledge and concern with the alleged
recovery. There is no compliance of Sections 42 and 50 of the
N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, there being no recovery of contraband from the
possession of the petitioner as also the period of custody
undergone by him, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Patna High Court CR. MISC. No.88114 of 2025(3) dt.26-02-2026
3/3
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Aurai P.S. Case No. 142 of 2025,
subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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