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Patna High Court

Surendra Kumar @ Surendra BindversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the forensic report substantiated the prosecution's allegation of ganja possession.

Summary

The petitioners, including Chandrika Prasad and Om Prakash, sought anticipatory bail in a case (Masaurhi P.S. Case No. 900 of 2025) where they were implicated under Section 20(a)(i) of the NDPS Act for allegedly planting ganja on their land. The prosecution alleged that a confidential informant reported the planting, leading to a raid and seizure of the plants, which the Forensic Science Laboratory later confirmed to be ganja. The petitioners contended that the seized plants were not in their conscious possession and that they did not own the land, arguing that the police had named them merely to implicate them. The court examined the forensic report and the submissions of both sides, concluding that the evidence supported the prosecution's claim. Consequently, the court denied anticipatory bail, rejected the petitions, and directed that the petitioners surrender within four weeks for a prompt trial disposition.

Issues considered

  • Whether anticipatory bail can be granted to the accused under Section 20(a)(i) of the NDPS Act when forensic evidence confirms the presence of ganja.
  • Whether the lack of ownership or conscious possession of the land can defeat the charge under the NDPS Act.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • Section 20(a)(i)
  • forensic report
  • seizure of narcotics
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.13095 of 2026
                      Arising Out of PS. Case No.-900 Year-2025 Thana- MASAUDHI District- Patna
                 ======================================================
           1.     Chandrika Prasad S/O Late Jagabandan Prasad @ Jagnandan Prasad R/O
                  Village- Pakari, P.S- Masaurhi, Distt.- Patna.
           2.    Om Prakash S/O Janak Yadav R/O Village- Pakari, P.S- Masaurhi, Distt.-
                 Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 11414 of 2026
                      Arising Out of PS. Case No.-900 Year-2025 Thana- MASAUDHI District- Patna
                 ======================================================
           1.     Surendra Kumar @ Surendra Bind S/o Rajeshwar Yadav R/o Village- Pakri,
                  PS- Masaurhi, Distt.- Patna
           2.    Lalu Kumar @ Ramakant Kumar S/o Dularchand Bind R/o Village- Pakri,
                 PS- Masaurhi, Distt.- Patna
           3.    Janardan Prasad @ Lali Bind @ Lali Prasad S/o Musafir Bind @ Mushafir
                 Jamadar R/o Village- Pakri, PS- Masaurhi, Distt.- Patna
           4.    Karu Bind S/o Late Sitaram Bind R/o Village- Pakri, PS- Masaurhi, Distt.-
                 Patna
           5.    Lalji Bind S/o Devki Bind R/o Village- Pakri, PS- Masaurhi, Distt.- Patna
           6.    Pramod Bind S/o Lalji Bind R/o Village- Pakri, PS- Masaurhi, Distt.- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 13095 of 2026)
                 For the Petitioner/s     : Mr. Suresh Prasad Bhakta, Adv.
                 For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
                 (In CRIMINAL MISCELLANEOUS No. 11414 of 2026)
                 For the Petitioner/s     : Mr. Amit Kumar, APP
                 For the Opposite Party/s : Mrs. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   24-06-2026                    Heard Mr. Krishna Prasad Singh, learned Senior
Patna High Court CR. MISC. No.13095 of 2026(5) dt.24-06-2026
                                            2/3




          Counsel for the petitioner, Mr. Suresh Prasad Bhakta, Ms. Jyoti

          Kumari as also Mr. Amit Kumar for the petitioner and Mr.

          Jitendra Kumar Singh and Mrs. Madhuri Lata in the two cases.

                       2. The petitioner apprehends his arrest in connection

          with Masaurhi P.S. Case No. 900 of 2025 for the offence

          registered under sections 20(a)(i) of the NDPS Act.

                       3. As per the prosecution story, the informant alleged

          that on confidential information that some accused persons have

          planted ganja like plants in their respective land, the place was

          raided and the recovery/seizure made which is part of the

          seizure list. Accordingly, the FIR.

                       4. Earlier, a Co-ordinate Bench directed the State to

          file counter affidavit on the point whether it has been

          ascertained that the plant seized has been found to be ganja or

          not. Accordingly, the counter affidavit duly signed by the ASP,

          Masaurhi-1 has come and the FSL report dated 16.01.2026

          shows that the plant indeed have been found to be ganja.

                       5. Learned Senior Counsel for the petitioner duly

          assisted by other learned counsels submit that nothing has been

          recovered from their conscious possession but the Police in a

          zeal to implicate, has named them. Further, they can show that

          they do not own the land.
           Patna High Court CR. MISC. No.13095 of 2026(5) dt.24-06-2026
                                                       3/3




                                  6. Learned APP submits that these are the facts which

                     can be presented as and when they surrender and seek bail. They

                     are before this Court for the grant of anticipatory bail and the

                     Forensic report indicates the allegation made in the FIR to be

                     true.

                                  7. Taking into account the submissions of the parties

                     as also the report of the Forensic Science Laboratory, Patna,

                     anticipatory bail cannot be extended to them.

                                  8. The two petitions accordingly stand rejected.

                                  9. However, if the petitioners surrender within four

                     weeks from today, the Court concerned shall take up the matter

                     and dispose it of preferably on the same day.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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