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Patna High Court

Hareram KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Hareram Kumar was arrested in connection with a case alleging possession of 12.345 kg of ganja, charged under Sections 8, 21(b)(ii)(C) of the NDPS Act. The petitioner claimed innocence, a clean antecedent, and alleged a violation of Section 50 of the Act, seeking regular bail. The State opposed the bail. The Court noted that the quantity was below the commercial threshold, the petitioner had been in custody since 17‑10‑2025, and a charge‑sheet had been filed. Considering these factors, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding attendance, surety relationship, and future conduct. The bail order was issued subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.

Issues considered

  • Whether bail should be granted to an accused under the NDPS Act for possession of 12.345 kg of ganja, which is less than commercial quantity
  • Whether the alleged violation of Section 50 of the NDPS Act affects the grant of bail
  • Whether the petitioner’s clean antecedent and custody duration justify bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • possession of narcotics
  • commercial quantity
  • Section 50
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11678 of 2026
                 Arising Out of PS. Case No.-406 Year-2025 Thana- KOCHADHAMAN District- Kishanganj
                 ======================================================
                 Hareram Kumar S/o Shivji Mahto @ Shivaji Mahto R/o Village - Tarba
                 (Tarwan) Magarpal Ward no. 04, P.S - Dariyapur, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ram Prawesh Kumar
                 For the Opposite Party/s :      Mr.Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   19-03-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Kochadhaman P.S. Case No. 406 of 2025, registered for the

                   offence punishable under Sections 8, 21(b),(ii)(C) of the NDPS

                   Act.

                                3. As per allegation, 12.345 kg of ganja is alleged to

                   have been recovered from the possession of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The petitioner is a person of clean antecedent and is under

                   custody since 17.10.2025. He further submits that there is

                   violation of Section 50 of the NDPS Act. The petitioner is a man

                   of means and there is no chance of his absconding and
Patna High Court CR. MISC. No.11678 of 2026(3) dt.19-03-2026
                                            2/3




          tampering with the evidence. He further submits that the

          petitioner is ready to abide by the conditions which may be

          imposed by this Court.

                        5. Learned APP appearing for the State opposes the

          prayer for regular bail of the petitioner.

                        6. Considering the fact that 12.345 kg of ganja is

          alleged to have been recovered from the possession of the

          petitioner which is less than the commercial quantity, taking

          note of the fact that the petitioner has remained in custody since

          17.10.2025 and presently, charge-sheet has also been filed in

          this case and also taking note of the fact that the petitioner has

          clean antecedent, let the petitioner above named, is directed to

          be released on bail 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 court below where the

          case     is    pending/successor          court      in   connection   with

          Kochadhaman P.S. Case No. 406 of 2025, subject to the

          following conditions:-

                        (i) One of the bailors of the petitioner shall be his

          close relative.

                        (ⅱ) The petitioner shall remain physically present in

          Court on each date of the trial.
           Patna High Court CR. MISC. No.11678 of 2026(3) dt.19-03-2026
                                                       3/3




                                  (iii) In case of absence on two consecutive dates

                     without substantial reason or in violation of the terms of the

                     bail, the bail bond of the petitioner will be liable to be cancelled

                     by the Court concerned.

                                  (iv) If the petitioner is found involved in similar

                     nature of offence in future, the prosecution shall be at liberty to

                     move for cancellation of his bail bond.

                                  (v) The learned Court below shall verify the criminal

                     antecedent of the petitioner and in case at any stage it is found

                     that the petitioner has concealed his criminal antecedent, the

                     court below shall take step for cancellation of bail bond of the

                     petitioner. However, the acceptance of bail bond in terms of the

                     above-mentioned order shall not be delayed for purpose of or in

                     the name of verification.

                                   7. Accordingly, the prayer for bail is allowed.



                                              (Alok Kumar Sinha, J)
kundan/-

U      T


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