Patna High Court
Hareram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b)(ii)(C), 50, 8
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
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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
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(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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