Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing the execution of a bail bond with two sureties.
Summary
Ankit Kumar applied for bail in a case registered under Sections 8(c), 17(c) and 21(c) of the NDPS Act, with the charge sheet filed under Section 111 of the Bihar Narcotic Substances Act and cognizance taken under Section 311 of the same Act. The prosecution's case relied on contraband recovered from co‑accused Jai Prakash Kumar and a digital weighing machine from co‑accused Mukesh Kumar, with no material seized from the petitioner. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that the only evidence against him was the confessional statement of a co‑accused. The State opposed bail, citing the seriousness of the NDPS offences. After hearing both sides, the Court found the lack of direct evidence against the petitioner sufficient to grant bail, directing him to furnish a bail bond of Rs.10,000 with two sureties to the Special Judge‑II, Muzaffarpur.
Issues considered
- Whether bail should be granted to the petitioner in an NDPS case where the only evidence against him is the confessional statement of a co‑accused.
- Whether the nature of the offences under Sections 8(c), 17(c) and 21(c) of the NDPS Act precludes the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 17(c), 21(c), 8(c)
Subjects
- bail
- NDPS Act
- criminal procedure
- confessional statement
- co‑accused evidence
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90616 of 2025
Arising Out of PS. Case No.-140 Year-2025 Thana- KAJI MUHAMMADPUR District-
Muzaffarpur
======================================================
Ankit Kumar, S/o Rajnarayan Ray, R/o vill - Chokta Dhkaich, P.S.- Krishna
Brahm, Distt.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate
Mr. Adarsh, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kazimohammadpur P.S. Case No. 140 of 2025 registered
for the offence punishable under Sections 8(c), 17(c) and 21(c)
of the N.D.P.S. Act. Chargesheet has been submitted under
Section 111 of B.N.S. and Sections 8(c), 17(c) and 21(c) of
N.D.P.S. Act and cognizance has been taken under Section 311
of B.N.S. and Sections 17(c) and 21(c) of N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the possession of one Jai Prakash Kumar, contraband was
recovered and from the possession of one Mukesh Kumar, one
digital weighing machine was recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.90616 of 2025(2) dt.16-01-2026
2/2
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession. He was
neither apprehended rather his name was disclosed by the co-
accused Jai Prakash Kumar. It has also been submitted that save
and except the confessional statement of co-accused, there is
nothing against the petitioner. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
15.05.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge-II (NDPS Act), Muzaffarpur in
connection with Kazimohammadpur P.S. Case No. 140 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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