Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38160 of 2026 Arising Out of PS. Case No.-40 Year-2026 Thana- Mufassil District- Khagaria ====================================================== Shivam Kumar S/o Pappu Yadav R/o Village- Raghunathpur, Ward No. 12, P.S- Sahebpur Kamal, Dist- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 19-06-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered for the offence punishable under Section 21(C) of NDPS Act.

3. As per the prosecution story, in brief, is that 408 grams of smack/heroine was recovered from bag of one Mithu Kumar on being checked by police personnel on 23.03.2026 at about 7:15 P.M. Mithu Kumar has confessed that the petitioner had told him to bring the seized narcotics.

4. It has been submitted on behalf of the petitioner that he is innocent and he has been falsely implicated in this case The petitioner further submits that he was neither apprehended on spot nor any smack / heroin has been recovered from his conscious possession. Learned counsel for the petitioner further submits that he is having a clean antecedent and is in custody since 23.03.2026.

Patna High Court CR. MISC. No.38160 of 2026(2) dt.19-06-2026 2/2

5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (NDPS Act), Khagaria, in connection with NDPS Special Case No.16 of 2026 arising out of Muffasil P.S. Case No. 40 of 2026, on the following condition :- (i) That one of the bailor should be family member of the petitioner.

(ii) That the petitioner will cooperate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the Court, he should physically appear in Court on that date.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Kumar Manish, J) sanjeev/- U T