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Arbind Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

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Patna HC
2026
Arbind Kumar Vs The State of BiharArbind Kumar v. The State of Bihar

Allowed¶17

Arbind Kumar v. The State of Bihar

Patna HC12 Mar 2026CR. MISC./14748/2026

Case brief

AI extract

What is this about?

Patna High Court; Cr. MISC. No.14748 of 2026; decided 12-03-2026; Arbind Kumar v. The State of Bihar; bail; NDPS Act, 1985 Sections 8(c), 21(b); Sare P.S. Case No. 197 of 2025, District Nalanda; interception of car; 22 grams brown sugar recovered from co-accused Ajit Kumar; mobile phones recovered from petitioner and co-accused Saurabh Kumar; gratuitous passenger; conscious possession; parity with co-accused bailed in Cr. Misc. No. 10942 of 2026 (order dt. 10.03.2026); custody since 26.12.2025; bail bond Rs. 10,000/- with two sureties; Principal Sessions Judge-cum-Spl. Judge Biharsharif; Praveen Kumar, J.

What did the court decide?

Petitioner to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Principal Sessions Judge-cum-Spl. Judge, Biharsharif, Nalanda, in connection with Sare P.S. Case No. 197 of 2025.

Why is it important?

Bail granted to the petitioner on parity, considering that co-accused Ajit Kumar, from whose possession the contraband brown sugar was recovered, has already been granted the privilege of bail by a coordinate Bench of this Court. ¶17

What the court decided

AI extract

Outcome

Petitioner to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Principal Sessions Judge-cum-Spl. Judge, Biharsharif, Nalanda, in connection with Sare P.S. Case No. 197 of 2025.

Issue for consideration

Whether the petitioner, arraigned in Sare P.S. Case No. 197 of 2025 (Sections 8(c), 21(b), NDPS Act, 1985), wherein 22 grams of brown sugar were recovered from co-accused Ajit Kumar and only mobile phones from the petitioner, is entitled to release on bail.

Court's answer

Bail granted to the petitioner on parity, considering that co-accused Ajit Kumar, from whose possession the contraband brown sugar was recovered, has already been granted the privilege of bail by a coordinate Bench of this Court.

Detailed headnote1 paragraphs

Bail — NDPS Act, 1985 (Ss. 8(c), 21(b)) — Patna High Court allowed bail to the petitioner arraigned in Sare P.S. Case No. 197 of 2025 (Nalanda). Per prosecution case, 22 grams of brown sugar were recovered from the possession of co-accused Ajit Kumar, while only mobile phones were recovered from the petitioner and co-accused Saurabh Kumar; counsel submitted the petitioner was a gratuitous passenger with no conscious possession. The Court, considering particularly that co-accused Ajit Kumar (from whom the contraband was recovered) had already been granted bail by a coordinate Bench (order dated 10.03.2026 in Cr. Misc. No. 10942 of 2026), directed release of the petitioner — in custody since 26.12.2025 and claiming clean antecedents — on a bail bond of Rs. 10,000/- with two like sureties before the Principal Sessions Judge-cum-Spl. Judge, Biharsharif, Nalanda. (Praveen Kumar, J.; oral order dated 12-03-2026)

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14748 of 2026

Arising Out of PS. Case No.-197 Year-2025 Thana- SARE District- Nalanda

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

Arbind Kumar S/O Sukharam Yadav R/O Vill.- Konan, P.S- ASthawan, DistNalanda

... ... Petitioner

Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Raj Kishor Prasad, Advocate For the Opposite Party : Mr. Ramchandra Sahni, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

2 12-03-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner seeks bail in connection with Sare P.S. Case No. 197 of 2025 dated 25.12.2025, registered for the offence under Sections 8(c), 21(b) of the NDPS Act, 1985.

As per the prosecution case, a police team intercepted a swift desire car and the persons seated in the car tried to flee away, but were apprehended and from the possession of co-accused Ajit Kumar, 22 grams of brown sugar was recovered, while from the petitioner and co-accused Saurabh Kumar mobile phones were recovered.

Learned counsel appearing for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner while the petitioner was a gratuitous passenger on the vehicle and a mobile phone was recovered from

Patna High Court CR. MISC. No.14748 of 2026(2) dt.12-03-2026 2/2

him and the contraband brown sugar was recovered from the possession of co-accused Ajit Kumar. It has been submitted at the Bar that co-accused Ajit Kumar has been granted the privilege of bail by a coordinate Bench of this Court by order dated 10.03.2026 passed in Cr. Misc. No. 10942 of 2026. The petitioner claims clean antecedents and he is in custody since 26.12.2025.

Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case particularly the fact that co-accused Ajit Kumar, from whose possession contraband brown sugar has been recovered has been granted the privilege of bail, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge-cum-Spl. Judge, Biharsharif, Nalanda, in connection with Sare P.S. Case No. 197 of 2025.

(Praveen Kumar, J)

Pawan/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, arraigned in Sare P.S. Case No. 197 of 2025 (Sections 8(c), 21(b), NDPS Act, 1985), wherein 22 grams of brown sugar were recovered from co-accused Ajit Kumar and only mobile phones from the petitioner, is entitled to release on bail.¶11
The court held
Bail granted to the petitioner on parity, considering that co-accused Ajit Kumar, from whose possession the contraband brown sugar was recovered, has already been granted the privilege of bail by a coordinate Bench of this Court.ratio¶17

Cases cited

Colour shows how this judgement treated each authority

AI extract

Cr. Misc. No. 10942 of 2026Relied on¶15

Statutes considered

2 provisions across 1 enactments

AI extract

NDPS Act, 19858(c)¶11 21(b)¶11

Procedural history

How this case reached the court

AI extract

Prior proceeding
Sare P.S. Case No. 197 of 2025 dated 25.12.2025 registered for offence under Sections 8(c), 21(b) of the NDPS Act, 1985; petitioner seeks bail therein.¶11
Prior proceeding
Prosecution case: police team intercepted a Swift Dzire car; persons tried to flee but were apprehended; 22 grams of brown sugar recovered from co-accused Ajit Kumar; mobile phones recovered from the petitioner and co-accused Saurabh Kumar.¶12
Prior proceeding
Co-accused Ajit Kumar granted bail by a coordinate Bench of the Patna High Court by order dated 10.03.2026 in Cr. Misc. No. 10942 of 2026.¶15
Prior proceeding
Petitioner claims clean antecedents and is in custody since 26.12.2025.¶15

Parties & counsel

AI extract

petitioner
Arbind Kumar S/O Sukharam Yadav R/O Vill.- Konan, P.S- ASthawan, DistNalanda¶4
Mr. Raj Kishor Prasad
respondent
The State of Bihar¶6
Mr. Ramchandra Sahni

Coram

AI extract

Mr. Justice Praveen Kumarauthor¶7

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 12 Mar 2026 · March
Registered: 23 Feb 2026
Case no.: CR. MISC./14748/2026
CNR: BRHC010198922026
Topic: Narcotics (NDPS)
Bench: Praveen Kumar
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Arbind Kumar v. The State of Bihar, CR. MISC./14748/2026 (PAT), decided on 12 March 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Cr. Misc. No. 10942 of 2026Relied on¶15

Open Authorities

Statutes2

NDPS Act, 19858(c) · 21(b)

View all statutes

Procedural history4

Sare P.S. Case No. 197 of 2025 dated 25.12.2025 registered for offence under Sections 8(c), 21(b) of the NDPS Act, 1985; petitioner seeks bail therein.
Prosecution case: police team intercepted a Swift Dzire car; persons tried to flee but were apprehended; 22 grams of brown sugar recovered from co-accused Ajit Kumar; mobile phones recovered from the petitioner and co-accused Saurabh Kumar.

View full history

Bench / Coram

Mr. Justice Praveen Kumar

Parties & counsel