Patna High Court
Raj Kumar Bishwas @ Raj Kumar VishwasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The petitioner is entitled to bail subject to the conditions imposed by the court.
Summary
The petitioner, Raj Kumar Bishwas, was arrested in a Special NDPS case for alleged involvement in the possession of narcotics recovered from co‑accused. The prosecution alleged that a total of 205.24 grams of smack was seized from the co‑accused, and the petitioner was said to be an associate. The petitioner contended that he had merely taken a lift from the co‑accused, had no knowledge of the drugs, and no narcotic article was recovered from his possession; he also pointed out that the quantity involved was below commercial levels. The State opposed bail, arguing that the petitioner was linked to the co‑accused. The court, noting that the charge sheet had been filed, the period of custody was not excessive, there was no likelihood of evidence tampering, and the petitioner had no direct incriminating material, granted bail with a bond of Rs. 25,000 and several conditions. The bail order was made subject to compliance with the conditions and the discretion of the Special Judge.
Issues considered
- Whether the petitioner is entitled to bail under the NDPS Act given the alleged association with co‑accused and the quantity of narcotics seized.
- Whether the presence of a charge sheet and the lack of direct evidence against the petitioner justify granting bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 21(c), 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- quantity less than commercial
- co‑accused
- criminal procedure
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89290 of 2025
Arising Out of PS. Case No.-435 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Raj Kumar Bishwas @ Raj Kumar Vishwas Son of Manoj Bishwas Resident
of Village - Champanagar, P.S.- Champanagar, District - Purnea.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.
Mr. Dheeraj Kumar, Adv.
Mr. Rabindra Kumar Priyadarshi, Adv.
For the State : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Special
(N.D.P.S. Act) Case No. 263 of 2025 arising out of Sadar P.S.
Case No. 435 of 2025 registered for the offences punishable
under Sections 8(c), 21(b)(c) of N.D.P.S. Act.
3. As per prosecution case, three persons including the
petitioner were apprehended by the police and on search, 102.70
gram smack and mobile was recovered from possession of co-
accused Rachak Kumar. It is further alleged that 102.54 gram
smack, mobile and Scooty bearing Registration No. BR11AM-
0489 was recovered from co-accused Vikash Kumar and one
screen touch mobile was recovered from possession of the
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petitioner.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence
as alleged in the FIR and he has falsely been implicated in this
case. Learned counsel orally submits that petitioner had taken
lift from the apprehended co-accused persons and he had no
knowledge that apprehended co-accused persons were carrying
Smack. Seized scooty does not belong to the petitioner. He
further submits that no incriminating article has been recovered
from possession of the petitioner. In this way, petitioner is not in
any way connected with the alleged occurrence. Petitioner is in
custody since 08.09.2025 and bears criminal antecedent of one
case which is not similar to the present case and in the said case,
petitioner is on bail. Charge sheet has been submitted in the case
and there is no likelihood of tampering with the prosecution
evidence. He further submits that except suspicion, there is
nothing on record to connect the present petitioner with the
alleged occurrence. He further submits that as per NDPS
notification, alleged recovery is less than commercial quantity.
5. The learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner and submits that there is
alleged recovery of total 205.24 gram of smack from possession
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of co-accused persons and petitioner seems to be associate of
co-accused persons and hence, he cannot escape from the
allegation made in the FIR.
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 Special Judge (NDPS Act), Purnea in
connection with Sadar P.S. Case No. 435 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
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the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(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)
shahzad/-
U T
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