High Court of Patna granted regular bail to petitioner accused of drug trafficking under NDPS Act, directing release upon furnishing bond with two sureties, considering release of co-accused and lack of antecedents.
Petitioner enlarged on bail by furnishing bond of Rs. 10,000/- with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30249 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- NADI P.S. District- Patna
======================================================
Nepal Kumar S/O Laldeo Ray @ Laladevi Ray R/O Village- Bahrampur, P.SRustampur, Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER
4 15-07-2026
Heard learned counsel for the petitioner and learned
APP for the State.
2 . The petitioner has preferred this application for grant of regular bail in connection with Nadi (Fathua) P.S. case No. 36 of 2026 registered for the offences punishable under Sections 8, 20(b)(ii)(c) of the NDPS Act.
3 . As per the prosecution case, the petitioner, along with two other persons, was found sitting in a tempo, from which a total quantity of 13.160 kg of ganja was recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case merely on the basis of being a passenger of the tempo in question. It has further been submitted that the petitioner is neither the driver nor the owner of the said tempo
Patna High Court CR. MISC. No.30249 of 2026(4) dt.15-07-2026 2/3
from which the alleged recovery was made. It has also been submitted that the petitioner was unaware of the alleged contraband being kept in the tempo. It has further been submitted that nothing has been recovered from the possession of the petitioner. It has further been submitted that the witnesses of the seizure list are police personnel and procedure prescribed under Section 105 of the B.N.S.S. has not been followed. It has further been submitted that the alleged recovery is intermediary quantity and is much less than the commercial quantity. It has further been submitted that co-accused namely, Sonu Kumar, who is driver and owner of the said tempo, has already been granted the privilege of the bail by a co-ordinate Bench of this Court vide order dated 14.07.2026 passed in Cr. Misc. No. 35626 of 2026. Moreover, co-accused Dinesh Kumar has also been granted the privilege of bail by a co-ordinate Bench of this Court vide order dated 14.05.2026 passed in Cr. Misc. No. 33026 of 2026. Lastly, it has been submitted that the petitioner has got no criminal antecedent and he is in custody since 28.01.2026.
5 . Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
6 . Heard the parties and perused the record.
Patna High Court CR. MISC. No.30249 of 2026(4) dt.15-07-2026 3/3
7. Considering the above facts and circumstances of the case, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna, in connection with Nadi (Fathua) P.S. case No. 36 of 2026.
8. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in offence under Sections 8, 20(b)(ii)(c) of the NDPS Act being an intermediary quantity with others already bailed.
Whether failure to follow procedure under Section 105 of the B.N.S.S. during seizure is a ground to grant bail in Nancy case.
Nepal Kumar
The State of Bihar
Praveen Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
