Patna High Court
Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioner is entitled to regular bail under the NDPS Act.
Summary
Shankar Kumar, a pillion rider, was arrested in connection with a Special Case under the NDPS Act after 39 grams of a narcotic substance were recovered from his co‑accused, Gaurav Kumar. No incriminating article was found on Kumar and he has no prior criminal record, but he has been in custody since 30 September 2025 and a chargesheet has been filed. The petitioner applied for regular bail under sections 8(c) and 21(b) of the NDPS Act, arguing that the recovery pertained only to the co‑accused. The State opposed the bail, but the Court noted the absence of any seized material from the petitioner, the prolonged pre‑trial detention, and his clean antecedent. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to cancellation if a criminal antecedent later emerges.
Issues considered
- Whether a pillion rider, from whose possession no narcotic article was recovered, is entitled to regular bail under sections 8(c) and 21(b) of the NDPS Act despite prolonged pre‑trial custody.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- NDPS Act
- regular bail
- pillion rider
- pre‑trial detention
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9956 of 2026
Arising Out of PS. Case No.-307 Year-2025 Thana- JANKINAGAR District- Purnia
======================================================
Shankar Kumar Son of Mantu Yadav Resident of Village- Pipara, Ward No.1,
P.S. -Saur Bazar, District -Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Special Case no.273 of
2025, arising out of Jankinagar P.S. Case no.307 of 2025
registered under sections 8(c) and 21(b) of the N.D.P.S. Act.
3. As per the prosecution case, on the vehicle on
which the petitioner and one another were travelling being
stopped and searched, it is stated that in the possession of
Gaurav Kumar, 39 gms of smack like substance was recovered.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who was only a pillion rider on the vehicle being
driven by Gaurav Kumar. The alleged recovery is from the
possession of the co-accused. The petitioner has no criminal
antecedent and is in custody since 30.9.2025. Chargesheet has
Patna High Court CR. MISC. No.9956 of 2026(2) dt.25-02-2026
2/2
been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, no incriminating article having been recovered from the
petitioner’s possession, the petitioner being in custody for more
than 4 months since 30.9.2025, chargesheet having been
submitted in the case and specially the petitioner not having any
criminal antecedent, the Court directs the petitioner to be
enlarged on bail in connection with Special Case no.273 of
2025, arising out of Jankinagar P.S. Case no.307 of 2025 on
furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Special Judge, N.D.P.S. Act, Purnea on the following
condition:
(i) In case it subsequently transpires that the petitioner
had a criminal antecedent, the prosecution will be at liberty to
move this Court for cancellation of bail of the petitioner.
(Partha Sarthy, J)
Saurabh/-
U T
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