Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioner, subject to a cash bond and specified conditions.
Summary
The petitioner, Aman Kumar, was arrested after 7.6 grams of cannabis resin (smack) was recovered from beneath the seat of his motorcycle in a case registered under Sections 21(a) and 22(a) of the NDPS Act. He pleaded innocence, arguing that he was merely a spectator and that there was no material linking him to the contraband beyond suspicion, and that the charge‑sheet had already been filed, eliminating any risk of evidence tampering. The State opposed bail, citing the petitioner’s four prior criminal cases. The court examined the custody period, the filing of the charge‑sheet, and the absence of any likelihood of tampering, and concluded that bail could be granted with a bond of Rs. 25,000 and two sureties, subject to specific conditions regarding attendance, non‑tampering, and future offences. The bail order was pronounced by Justice Alok Kumar Pandey.
Issues considered
- Whether bail should be granted to an accused under Sections 21(a) and 22(a) of the NDPS Act in view of the nature of the offence and the petitioner’s criminal antecedents.
- Whether the material on record sufficiently connects the petitioner to the recovered narcotic substance to justify denial of bail.
- Whether the filing of the charge‑sheet and the absence of any risk of evidence tampering warrant the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(a), 22(a)
Subjects
- bail
- NDPS Act
- drug possession
- sections 21
- section 22
- criminal antecedents
- evidence tampering
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 89237 of 2025
Arising Out of PS. Case No.-168 Year-2025 Thana- TAJPUR District- Samastipur
======================================================
Aman Kumar S/O Shatrudhan Rai Resident of Village- Kusahar Khas, Police
Station- Mahua, District-Vaishali at Hajipur
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
Ms. Mili Kumari, Advocate
For the State : Mr. Narendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in connection with
Tajpur P.S. Case No. 168 of 2025 registered for the offences
punishable under Sections 21(a) and 22(a) of the N.D.P.S.
Act.
3. As per the prosecution case, total 7 grams and
600 milligrams of smack has been recovered from beneath
the seat of the petitioner’s motorcycle.
4. Learned counsel for the petitioner submits that
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the petitioner is quite innocent and has committed no offence
as alleged in the F.I.R. It is further submitted that the
petitioner has nothing to do with the alleged recovery and
that the petitioner has no concern with the alleged vehicle.
Except for mere suspicion, there is nothing on record to
connect the present petitioner with the alleged occurrence.
Learned counsel further submits that the petitioner was
merely a mute spectator at the place of occurrence and was
apprehended on the basis of suspicion. It is further submitted
that there is no case of a similar nature pending against the
petitioner, though he has four criminal antecedents in which
he is already on bail. It is also orally submitted that the
charge-sheet has already been submitted in the case and there
is no likelihood of tampering with the prosecution evidence.
The petitioner has been in custody since 20.09.2025.
5. The learned A.P.P. for the State opposes the
prayer for bail of the petitioner on the ground that he has
criminal antecedents in four cases. It is further submitted that
the alleged recovery of 7 grams and 600 milligrams of smack
was made from beneath the seat of the motorcycle. Hence,
the petitioner does not deserve bail.
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6. Considering the facts and circumstances of the
case, period of custody, charge sheet has been submitted in
the case and there is no likelihood of tampering with the
prosecution evidence, argument advanced on behalf of both
sides and also taking into consideration the material available
on record, let the petitioner above named be released on bail
on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the
satisfaction of learned Principal District and Sessions Judge,
Samastipur in connection with Tajpur P.S. Case No. 168 of
2025, subject to following conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has
sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on all dates and absence for two consecutive
dates without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty
to move for cancellation of bail.
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(iv) If the petitioner is found involved in similar
nature of offences in future, the learned trial court shall be at
liberty to cancel his bail bond.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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