Patna High Court
Rakesh Kumar @ Rakesh Kumar JaiswalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.
Summary
Rakesh Kumar Jaiswal, a shopkeeper, was arrested in connection with a case registered under Section 22(b) of the NDPS Act for allegedly possessing pharmaceutical formulations containing codeine phosphate, nitrazepam, tramadol hydrochloride and alprazolam. The petitioner contended that the quantity seized was less than commercial, he had no prior criminal record, and there was a three‑day delay between the FIR and his arrest. The State opposed his bail application. After hearing both sides, the Court considered the nature of the contraband, the delay in arrest, and the petitioner’s clean record, and decided to grant bail. He was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount. The order was pronounced by Justice Ashok Kumar Pandey of the Patna High Court.
Issues considered
- What is the appropriateness of granting bail in a case under Section 22(b) of the NDPS Act where the seized quantity is more than a small amount but less than commercial quantity?
- Does the three‑day delay between the FIR and the arrest justify bail?
Legislation cited
Subjects
- bail
- NDPS Act
- Section 22(b)
- drug possession
- delay in arrest
- shopkeeper
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10719 of 2026
Arising Out of PS. Case No.-432 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
Rakesh Kumar @ Rakesh Kumar Jaiswal, S/o Shankar Prasad @ Hari
Shankar Prasad, Resident of Village- Ghorasahan, P.S.- Ghorasahan, District-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
Ms. Shambhavi Priya, Advocate
Mr. Naveen Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ghorasahan P.S. Case No.432 of 2025 registered for the
offence punishable under Section 22(b) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the shop of the petitioner, pharmaceutical formulations
comprising Codeine Phosphate, Nitrazepam, Tramadol
Hydrochloride and Alprazolam were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.10719 of 2026(2) dt.24-02-2026
2/2
case. The alleged contraband which is said to be recovered is
though more than small quantity but is much less than
commercial quantity that is why a case under Section 22(b) of
the N.D.P.S. has been registered against the petitioner. It has
further been submitted that petitioner is a shopkeeper. It has also
been submitted that he was arrested on 19.12.2025 whereas the
F.I.R. was lodged on 22.12.2025, there is delay of three days.
He is having no criminal antecedent and he is languishing in
judicial custody since 22.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Sessions Judge/Special Judge, East Champaran at Motihari in
connection with Ghorasahan P.S. Case No. 432 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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