Abhishek Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

Abhishek Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS, Patna, subject to the conditions that bailors be local with sufficient immovable property and that the petitioner co-operate in the trial.

Issue for consideration

Whether the petitioner, arraigned in Parsa Bazar P.S. Case No. 465 of 2024 for offences under Sections 8(c), 21(b) of the NDPS Act (alleged recovery of 6.42 grams smack), is entitled to regular bail.

Court's answer

Considering the submissions of the parties and the facts and circumstances of the case, the petitioner is enlarged on regular bail upon furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS, Patna, in connection with Parsa Bazar P.S. Case No. 465 of 2024.

Ratio / Principle

Condition imposed: bailors should be local persons having sufficient immovable property within the jurisdiction of the concerned Court.

Key takeaways

Condition imposed: the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.ratio¶19

Detailed headnote1 paragraphs

Patna High Court (Sunil Dutta Mishra, J.), oral order dated 11-08-2025 in CRIMINAL MISCELLANEOUS No.51285 of 2025, arising from Parsa Bazar P.S. Case No. 465 of 2024 (Sections 8(c), 21(b), NDPS Act): regular bail granted to petitioner Abhishek Kumar, from whom 6.42 grams smack was allegedly recovered (10.72 grams total from three accused; 1.87 grams from co-accused Bajrangi Kumar and 2.43 grams from co-accused Randheer Kumar). On the parties' submissions — both co-accused already bailed by the learned Court below, petitioner a 21-year-old with no criminal antecedent, in custody since 22.09.2024, charge framed, undertaking to co-operate in trial — the Court enlarged the petitioner on a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS, Patna, subject to: (I) bailors being local with sufficient immovable property within the Court's jurisdiction; and (II) the petitioner co-operating in the trial and being represented on every date fixed. No precedent was cited or relied upon.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51285 of 2025

Arising Out of PS. Case No.-465 Year-2024 Thana- PARSABAZAR District- Patna

======================================================

Abhishek Kumar, S/o Tuntun Yadav R/o- Suitha, P.S.- Parsa Bazar, Dist.Patna, Bihar

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 11-08-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks regular bail in connection with Parsa Bazar P.S. Case No. 465 of 2024 for the offences registered under Sections 8(c), 21(b) of the NDPS Act.

As per the prosecution case, three accused persons including the petitioner were apprehended from whose possession total 10.72 grams Smack were recovered. It is alleged that 6.42 grams Smack was found from the petitioner and 1.87 grams Smack from co-accused Bajrangi Kumar and 2.43 grams Smack from co-accused Randheer Kumar were found.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The alleged recovery of Smack comes under the intermediate quantity under the NDPS Act. Other two co-accused persons have

Patna High Court CR. MISC. No.51285 of 2025(2) dt.11-08-2025 2/2

already been granted bail by the learned Court below. Petitioner is a young boy of 21 year having no criminal antecedent. He is languishing in custody since 22.09.2024. Charge has already been framed against the petitioner and other co-accused persons. Petitioner undertakes to co-operate in the trial.

Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

Considering the submissions made on behalf of the parties and facts and circumstances of the case, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, NDPS, Patna in connection with Parsa Bazar P.S. Case No. 465 of 2024, subject to following conditions:-

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(Sunil Dutta Mishra, J.)

rakhi/-

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