Patna High CourtCR. MISC./10804/2026bail granted

Golu Kumar v. The State Of Bihar

2026-05-13Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10804 of 2026 Arising Out of PS. Case No.-427 Year-2025 Thana- PARSABAZAR District- Patna ====================================================== 1.

Golu Kumar S/O Awdhesh Kumar R/O Vill.- Mokimpur,P.S- Parsa Bazar,Distt.- Patna 2.

Akash Kumar S/O Manoj Kumar R/O Vill.- Mokimpur,P.S- Parsa Bazar,Distt.- Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

Union of India through the narcotics control bureau(NCB) New Delhi ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 11702 of 2026 Arising Out of PS. Case No.-427 Year-2025 Thana- PARSABAZAR District- Patna ====================================================== Vijay Kumar @ Lambu Son of Suresh Singh @ Late Surendra Singh Resident of Village- Suitha, P.S.- Parsa Bazar, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 10804 of 2026) For the Petitioner/s :

Mr. Dinu Kumar Mr.Vardaan Mangalam Ms. Ritika Rani For the Opposite Party/s :

Mr.Satya Nand Shukla (In CRIMINAL MISCELLANEOUS No. 11702 of 2026) For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2026

1. Since both these regular bail applications arise out of Parsa Bazar Police Station Case No. 427 of 2025, with the consent of the parties, both these applications are heard together.

2. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, in both the

2/4 cases.

3. The petitioners seek regular bail in connection with Parsa bazar Police Station Case No. 427 of 2025, dated 13.10.2025, registered for the offences punishable under Sections 8(c)/21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111 (2) (b) of the Bhartiya Nyaya Sanhita, 2023.

4. The prosecution case, as per the First Information Report, is that the police, on secret information that some persons are selling smack/brown sugar near Chihut Mandir, reached the place of occurrence and on seeing the police, some persons tried to flee away, however the police apprehended them and they disclosed their names as the petitioners, namely, Golu Kumar and Akash Kumar and co-accused Rohit Kumar and Mukesh Kumar. On their search, the police recovered 8.5 gms. of brown sugar like substance from the possession of petitioner Golu Kumar and from the possession of petitioner Akash Kumar, the police has recovered a battery operated weighing machine. Upon query about the brown sugar, the petitioners, Golu Kumar and Akash Kumar, disclosed that the petitioner Vijay Kumar @ Lambu used to sell

3/4 smack/brown sugar from his shop and home and they have also purchased the brown sugar from him. Upon this information, the police raided the house of the petitioner Vijay Kumar and recovered 9.1 gms. of smack/brown sugar kept in the kitchen of the house of the petitioner Vijay Kumar.

5. Learned Counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Learned Counsel further submits that from the possession of petitioner Akash Kumar, only a weighing machine has been recovered. So far as the petitioners, Golu Kumar and Vijay Kumar are concerned, the police has allegedly recovered 8.5 gms. and 9.1 gms. of smack/brown sugar like substance, which is slightly more than the small quantity and less than the commercial quantity. The petitioners are in custody since 14.10.2025 and charge sheet has been submitted against the petitioners, as such, there is no likelihood that the petitioners will abscond and/or tamper with the evidence. The petitioners are not having criminal antecedent of similar nature of offence.

6. Having heard learned Counsel for the parties and taking

4/4 into consideration the materials on record and the fact that the alleged recovery of smack/brown sugar like substance is slightly more than the small quantity and less than commercial quantity and the petitioners are in custody since 14.10.2025 and charge sheet has been submitted against them, I am inclined to grant regular bail to the petitioners.

7. These applications are, accordingly, allowed.

8. Let the petitioners, above named, be released on bail, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (NDPS)-1, Patna, in connection with Parsa Bazar Police Station Case No. 427 of 2025.

9. This is subject to the condition that the petitioners shall present himself before the Court, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √