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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court denied regular bail to the petitioners.

Summary

Ankit Kumar and Ranjeet Kumar were arrested as passengers in a vehicle from which 30.72 grams of heroin (smack) was recovered from the tanker’s lid. They were charged under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioners argued that they were innocent, not owners or drivers, and had no knowledge of the contraband, seeking regular bail. The State opposed bail, emphasizing the seriousness of the offence, the quantity of heroin, and the informant’s statements. The High Court, after reviewing the FIR, case diary, forensic report and the lower court’s order, declined to grant regular bail, noting the gravity of the crime, but allowed the petitioners to re‑apply after one year of custody.

Issues considered

  • Whether regular bail can be granted to accused persons under Sections 8(c) and 21(b) of the NDPS Act for possession of 30.72 grams of heroin.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • heroin
  • regular bail
  • serious offence
  • custody
  • vehicle passenger
  • drug trafficking

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.91546 of 2025
                         Arising Out of PS. Case No.-398 Year-2025 Thana- Arwal District- Arwal
                 ======================================================
                 Ankit Kumar, aged about 20 years, Male, Son of Raj Kishor Singh, Resident
                 of Village-Paharpura, P.S.-Haspura, District- Aurangabad, Bihar.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                                                         with
                             CRIMINAL MISCELLANEOUS No. 91599 of 2025
                         Arising Out of PS. Case No.-398 Year-2025 Thana- Arwal District- Arwal
                 ======================================================
                 Ranjeet Kumar, aged about 21 years, Male, Son of Sanjeet Yadav, Resident of
                 Village-Makhbulpur, P.S.- Haspura, District- Aurangabad, Bihar.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 91546 of 2025)
                 For the Petitioner/s     : Mr. Ranjit Kumar, Advocate
                 For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
                 (In CRIMINAL MISCELLANEOUS No. 91599 of 2025)
                 For the Petitioner/s     : Mr. Ranjit Kumar, Advocate
                 For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

6   19-05-2026                 Learned counsel for the petitioners and learned APP

                   for the State heard through virtual mode.

                               2. The petitioners seek bail in connection with Arwal

                   P.S. Case No. 398 of 2025 instituted for the offences punishable

                   under Sections 8(c) and 21(b) of the N.D.P.S. Act.

                               3. As per allegation in the FIR, total 30.72 Grams of

                   Smack (heroin) was recovered from the tanker’s lid of the

                   vehicle as well as one mobile phone has also been recovered
Patna High Court CR. MISC. No.91546 of 2025(6) dt.19-05-2026
                                            2/4




          from the possession of the co-accused persons including the

          present petitioners.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence and

          have falsely been implicated in this case only on the basis of

          dirty village politics. He submits that the petitioners were

          neither the owner nor the driver of the said vehicle in which the

          smack (heroin) was recovered and the recovery is from the

          Tanker’s lid of the said vehicle. He further submits that

          petitioners were the passenger of the said vehicle and they have

          no knowledge with regard to the said smack (heroin) which was

          recovered from the seized vehicle. He next submits that the

          petitioners were arrested at the spot as a passenger on the said

          vehicle and nothing incriminating articles has been recovered

          from the conscious possession of the petitioners. Petitioners

          have got clean antecedent as stated in para 3 of the petition is in

          custody since 30.10.2025.

                       5. Learned APP for the State opposes the prayer for

          regular bail of the petitioners.

                       6. From perusal of the FIR, case diary, Forensic

          Science Laboratory report and also perused the impugned order

          dated 01.12.2025 passed by the learned Principal District and
Patna High Court CR. MISC. No.91546 of 2025(6) dt.19-05-2026
                                            3/4




          Sessions Judge, Jehanabad, it appears that on the basis of

          written report of the informant namely, Prakash Kumar Mahto,

          FIR has been registered under Sections 8(c) and 21(b) of the

          N.D.P.S. Act against three co-accused persons including the

          present petitioners and the allegation is of 30.72 grams of smack

          (heroin) were recovered from the co-accused persons including

          the present petitioners. From perusal of the records, it also

          appears that the petitioners are named in the FIR with the

          allegation of recovery of 30.72 gram of smack from the vehicle

          in which these petitioners were sitting. The offence is very

          serious in nature. The informant in his re-statement in para-4

          and the witness in para-5 of the case diary have supported the

          case of the prosecution. From perusal of the records, it also

          appears that the contraband articles which was recovered from

          the accused persons is Smack (heroin), petitioners are in custody

          since 30.10.2025, so considering the facts and circumstances of

          the case, submissions of learned counsel for the petitioners,

          commercial quantity of smack (heroin) as well as gravity of

          offence,       I am not inclined to grant            regular bail to the

          petitioners.

                       7. Accordingly, the prayer for regular bail          of the

          petitioners are hereby rejected.
            Patna High Court CR. MISC. No.91546 of 2025(6) dt.19-05-2026
                                                        4/4




                                   8. However, the petitioners, if so want may renew

                      their prayer for regular bail before the trial Court after

                      completion of one year of their custody and the trial Court shall

                      consider their prayer for bail of the petitioners without being

                      prejudiced by the present order.


                                                               (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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