Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Krishna Kumar was arrested on 10 August 2025 in connection with offences under Section 111 of the Bihar Narcotic Substances Act and several sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He applied for regular bail, claiming innocence, false implication, and a clean antecedent. The State opposed the bail. The court noted that the seized narcotic contraband was of intermediate quantity, the recovery was made before police personnel who would be examined at trial, and that granting bail would not prejudice the prosecution. Considering the completed investigation and the petitioner's clean record, the court ordered his release on bail upon furnishing a bond of Rs. 20,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged possession of narcotic contraband of intermediate quantity
- Whether granting bail would prejudice the prosecution in the pending NDPS case
Legislation cited
- Bihar Narcotic Substances Act — s. 111
- Narcotic Drugs and Psychotropic Substances Act — s. 17(c), 18(c), 21(c), 29, 31, 8(c)
Subjects
- regular bail
- NDPS Act
- intermediate quantity
- criminal procedure
- Bihar
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90268 of 2025
Arising Out of PS. Case No.-49 Year-2025 Thana- Chakia District- Begusarai
======================================================
Krishna Kumar, Son of Rajendra Yadav, Resident of Village- Chhitraur, P.S.-
Matihani, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Adv.
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 1. Heard the parties.
2. The petitioner seeks regular bail in connection with
N.D.P.S. Case No. 51 of 2025, arising out of Chakiya P.S. Case
No. 49 of 2025, registered for the offences punishable under
Section 111 of the B.N.S. and Sections 8(c), 17(c), 18(c), 21(c), 29
and 31 of the N.D.P.S. Act.
3. The main submissions advanced by the petitioner's
counsel are that petitioner is innocent and has been falsely
implicated in this case due to ulterior motive, nothing has been
recovered from the conscious possession of the petitioner. It is
further submitted that the petitioner has been in custody since
10.08.2025 having fair and clean antecedent.
4. Learned APP appearing for the State has opposed the
bail prayer of the petitioner.
Patna High Court CR. MISC. No.90268 of 2025(2) dt.13-01-2026
2/2
5. Considering the aforesaid submissions, the averments
made in this application and mainly the fact that the alleged
narcotic contraband which is said to have been recovered from the
possession of this petitioner falls in the purview of intermediate
quantity and said recovery was made before police personnel only
who are to be examined in the trial of the petitioner so the release
of this petitioner will not affect the prosecution in any manner at
this stage coupled with the completion of investigation against this
petitioner and his fair and clean antecedent, this court is inclined
to release him on bail. Accordingly, let the petitioner named-
above be enlarged on bail in connection with Chakiya P.S. Case
No. 49 of 2025 on furnishing bail bond of Rs. 20,000/- (Rupees
Twenty Thousand) with two sureties of the like amount each to the
satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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