Karan Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Karan Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail in the event of arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of the order, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Principal and Sessions Judge, Purnea, in connection with Supplementary Janki Nagar P.S. Case No. 45 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

Issue for consideration

Whether the petitioner, who apprehends arrest in Supplementary Janki Nagar P.S. Case No. 45 of 2025 registered under Sections 8(c) & 21(b) of the N.D.P.S. Act, should be released on bail in the event of arrest or surrender. +1 more

Court's answer

Considering the materials available on record, that save and except the disclosure by the apprehended person there was no material suggesting the petitioner's complicity in the crime, coupled with his tender age and fair antecedents, the court directed that the petitioner be released on bail.

Ratio / Principle

The petitioner was to be released on bail in the event of his arrest or surrender before the court below within four weeks from receipt/production of a copy of the order, upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Principal and Sessions Judge, Purnea, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be an own/close family member of the petitioner.

Detailed headnote1 paragraphs

NDPS Act - Bail on apprehension of arrest - During police patrolling, two young men on a grey motorcycle fled; one was apprehended and 10.55 grams of smack-like substance was recovered from him; he disclosed the name of the absconded person as Karan Kumar, the petitioner - Petitioner's alleged complicity rests solely on the disclosure by the apprehended person; learned counsel contended the co-accused's disclosure to police is inadmissible and the recovered quantity being below commercial quantity renders Section 37 NDPS rigours inapplicable - Court, considering the materials on record and that save and except the disclosure by the apprehended person no material suggested the petitioner's complicity, coupled with his tender age and fair antecedents, directed release on bail in the event of arrest or surrender before the court below within four weeks, upon bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Principal and Sessions Judge, Purnea, subject to Section 482(2) Bharatiya Nagrik Suraksha Sanhita, 2023 conditions and with the further condition that one bailor be an own/close family member - (Harish Kumar, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43983 of 2026

Arising Out of PS. Case No.-45 Year-2025 Thana- JANKINAGAR District- Purnia

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

Karan Kumar S/o Mithilesh Yadav R/O Village- Ladugarh, PS- Janki Nagar, Distt- Purnea

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Ms. Neha Praveen, Adv. For the Opposite Party/s : Mr. Rajendra Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 08-07-2026

Heard Ms. Neha Praveen, learned Advocate for the

petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Supplementary Janki Nagar P.S. Case No. 45 of 2025, registered for the offences punishable under Sections 8(c) & 21(b) of N.D.P.S. Act.

The police in course of patrolling found that two young men seated on a grey colour motorcycle, on noticing, they started fleeing away. Out of two persons, one of them apprehended by the police and in course of search, 10.55 grams smack like substance was recovered. The apprehended person disclosed the name of the absconded person as Karan Kumar, the present petitioner.

Patna High Court CR. MISC. No.43983 of 2026(2) dt.08-07-2026 2/3

Learned Advocate for the petitioner submitted that save and except the disclosure made by the apprehended person, there is no iota of material suggesting the complicity of the petitioner in the crime. Moreover, the disclosure of the coaccused before the police is not admissible in the eyes of law. The recovered smack like substance is quite less than commercial quantity and, as such, the rigors provided under Section 37 of the N.D.P.S. Act is not applicable. The petitioner is boy of tender age and recently passed his intermediate examination, besides he is carrying fair antecedent.

On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the disclosure of the name of the petitioner by his friend, who was apprehended by the police and from whose possession smack like substance is recovered, the complicity of the petitioner cannot be denied.

Regard being had to the submissions made on behalf of the parties and considering the materials available on record coupled with the fact that save and except disclosure by the apprehended person, there is no material suggesting his complicity in the crime coupled with the tender age and fair antecedent, let the petitioner above named be released on bail, in

Patna High Court CR. MISC. No.43983 of 2026(2) dt.08-07-2026 3/3

the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Principal and Sessions Judge, Purnea in connection with Supplementary Janki Nagar P.S. Case No. 45 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

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