Patna High CourtCR. MISC./23551/2026bail granted

Govind Kumar v. The State Of Bihar

2026-04-08Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23551 of 2026 Arising Out of PS. Case No.-11 Year-2026 Thana- Garahara District- Begusarai ====================================================== Govind Kumar S/o Late Mulo Singh @ Molo Singh R/o Village- Panhas Ward No. 26, P.S- Lohiya Nagar, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No 1, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-04-2026 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with NDPS Case no.9 of 2026, arising out of Garahara P.S. Case no.11 of 2026 registered under sections 8(c), 21(b) and 25 of the N.D.P.S. Act.

3. As per the prosecution case, 23.31 grams of smack was recovered from the possession of the petitioner while 34.92 grams of smack was recovered from the possession of co-accused Rohan Kumar.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case. Co-accused Rohan Kumar has been enlarged on bail vide order dated 12.3.2026 passed in Cr. Misc. no.15724 of 2026. The

Patna High Court CR. MISC. No.23551 of 2026(2) dt.08-04-2026 2/3 petitioner is in custody since 24.1.2026 and has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the grant of bail to co-accused Rohan Kumar vide aforesaid order dated 12.3.2026, the amount recovered being much below the commercial quantity, the petitioner having remained in custody since 24.1.2026 and especially the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with N.D.P.S. Case no.9 of 2026 (arising out of Garahara P.S. Case no.11 of 2026), on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Begusarai on the following conditions :- (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the learned trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion

Patna High Court CR. MISC. No.23551 of 2026(2) dt.08-04-2026 3/3 of the trial.

(III) In case it subsequently transpires that the petitioner had a criminal antecedent under the N.D.P.S. Act, the prosecution will be at liberty to move this Court for cancellation of bail granted to the petitioner.

(Partha Sarthy, J) avinash/- U T