Patna High Court
Shambhu Kumar @ Shambhu Kumar JayswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Shambhu Kumar was arrested in connection with a case under Sections 8, 20(b) and 22(b) of the Narcotic Drugs and Psychotropic Substances Act after 9.924 kg of ganja was recovered from his bag while traveling on the Vaishali Express. The petitioner claimed innocence, asserted a clean antecedent, and sought regular bail. The State opposed the bail application. The Patna High Court, after considering the facts and submissions, granted bail on a bond of Rs.10,000 with two sureties, directing verification of the petitioner’s antecedent and requiring his attendance at the police station every Sunday, with default leading to cancellation. The Court clarified that its observations were limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Sections 8, 20(b) and 22(b) of the NDPS Act.
- Whether the petitioner’s claim of a clean antecedent and lack of conscious possession justify bail.
- What conditions, if any, should be imposed on bail in such NDPS cases.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b), 22(b), 8
Subjects
- bail
- NDPS Act
- narcotics
- criminal procedure
- surety
- antecedent verification
- regular bail
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90309 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- RAIL HAJIPUR District- Vaishali
======================================================
Shambhu Kumar @ Shambhu Kumar Jayswal S/o- Late Devnarayan
Chaudhary Resident of VIllage- Simarhi Bazar Ward No. 13, P.S- Raghopur,
District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kant, Advocate
Mr. Bijoy Prakash Singh, Advocate
Mr.Bijay Shankar Choubey, Advocate
For the State : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Rail
Hajipur P.S. Case No. 117 of 2025 registered for the offence
punishable under Sections 8, 20(b) and 22(b) of the NDPS Act.
3. As per the prosecution case, there is recovery of 9
Kg 924 grams of Ganja from the bag of the petitioner who was
travelling from Vaishali Express.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing has been recovered from the conscious
possession of the petitioner. The petitioner is in custody since
Patna High Court CR. MISC. No.90309 of 2025(5) dt.23-06-2026
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19.07.2025 and claims clean antecedent.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and submissions of learned counsel for the parties,
let the petitioner, above named, be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the learned Principal
District & Sessions Judge, Vaishali/ concerned Court in
connection with Rail Hajipur P.S. Case No. 117 of 2025.
7. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Raghopur Police Station, District- Supaul on every Sunday of
the month. Any default in appearance at the police station will
result in cancellation of bail bonds of the petitioner.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
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application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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