Sukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14901 of 2026 Arising Out of PS. Case No.-86 Year-2025 Thana- Ratanpur District- Begusarai ====================================================== Sukesh Kumar Son of Ashok Mahto Resident of Village- Shanichra Asthan, Ward No. 24, Miyanchak, P.S.- Ratanpur, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1643 of 2026 Arising Out of PS. Case No.-86 Year-2025 Thana- Ratanpur District- Begusarai ====================================================== Sujit Gautam S/o Ravindra Singh R/o vill- Ratanpur, Ward no-21, P.SRatanpur, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 14901 of 2026) For the Petitioner/s :
Mr. Bipin Kumar :
Mr. Ravikant :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Bhanu Pratap Singh (In CRIMINAL MISCELLANEOUS No. 1643 of 2026) For the Petitioner/s :
E. Raj, Advocate :
Mr. Anuj Kumar For the Opposite Party/s :
Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. Petitioners seek bail who are in custody since 15.12.2025 in connection with NDPS Case No. 77 of 2025 arising out of Ratanpur P.S. Case No. 86 of 2025 for the offences punishable under Sections 111 of the BNS, Section 8(c), 21(c), 22(c), 18(c) and 29 of the NDPS Act
3. The prosecution case, in brief, is that on
Patna High Court CR. MISC. No.14901 of 2026(5) dt.19-06-2026 2/3 12.10.2025 at about 05.50 hours, during vehicle checking near Dumri Road, Ratanpur, Begusarai police apprehended three persons riding a TVS iQube Scooty. On searching of the scooty 318.58 gms. of smack was recovered from the dicky. Due procedure under section 50 of the N.D.P.S. Act was followed in presence of a Magistrate. The accused disclosed that the contraband procured from Malda, West Bengal, for illegal distribution. Accordingly, the accused persons were arrested and incriminating articles were seized. Offence under the N.D.P.S. Act is made out.
4. Learned counsel for the petitioners submits that petitioner, namely, Sujit Gautam has clean antecedent and petitioner, namely, Sukesh Kumar has antecedent of six cases but he is on bail in the pending matters and they have falsely been implicated in the present case. He further submits that, in fact, nothing has been recorded from their conscious possession or from the house of the petitioners rather the recovery has been made from the scooty in question, thereafter, the petitioners have confessed their guilt in the present case and except the aforesaid nothing has come against the petitioners to suggest the involvement of the petitioners in the present case.
5. Learned Additional Public Prosecutor on the other
Patna High Court CR. MISC. No.14901 of 2026(5) dt.19-06-2026 3/3 hand has vehemently opposed the prayer for bail of the petitioners and submits that from perusal of paragraph 68 of the case diary it appears that the petitioners are in regular touch with the other co-accused persons. Apart from that the F.S.L. report also confirms that the recovered contraband is more than the commercial quantity, apart from that, the petitioner, namely, Sukesh Kumar has antecedent of six cases but he is on bail in the pending matters. It is next submitted that bail petition of coaccused person, namely, Rakesh Gautam, has been rejected vide order dated 18.04.2026 passed in Cr. Misc. No. 4631 of 2026 passed by this Court.
6. Considering the aforesaid facts, I am not inclined to enlarge the petitioners on bail in connection with NDPS Case No. 77 of 2025 arising out of Ratanpur P.S. Case No. 86 of 2025 pending in the Court of learned Sessions Judge cum Special Judge (NDPS Act), Gaya.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Gaurav Sinha/- U T