Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
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
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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
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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.
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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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