Patna High Court
Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 and two sureties, with conditions of cooperation in the trial.
Summary
The petitioner, Saurabh Kumar, was arrested in connection with an NDPS case for possession of a small quantity of ganja and was denied bail on 06-08-2025. He filed a fresh bail petition after completing more than one year (1 year and 3 months) in custody, arguing that the earlier order allowed a renewed application after a year. The petitioner’s counsel highlighted that the seized quantity was less than commercial quantity, supporting a lesser risk. The court examined the elapsed custodial period and the nature of the contraband, and found no justification to continue detention. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation in the trial. The bail order was directed to be executed by the District & Additional Sessions Judge, Bhagalpur.
Issues considered
- What is the appropriate time after which a bail petition can be renewed in an NDPS case?
- Whether the small quantity of ganja and the completion of the stipulated custodial period justify granting bail.
Legislation cited
Subjects
- bail
- NDPS Act
- possession of ganja
- custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12264 of 2026
Arising Out of PS. Case No.-385 Year-2024 Thana- NAUGACHIA District- Bhagalpur
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Saurabh Kumar S/o Mr. Dinesh Yadav Resident of Village- Gosaigaon, P.S.-
Gopalpur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Vaishnavi Singh, Adv.
For the State : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 18-02-2026 Heard the learned counsel for the petitioner as
well as the learned APP for the State.
2. Earlier, the bail petition of the petitioner was
rejected by this Court vide order dated 06.08.2025 in Cr. Misc.
No. 24075 of 2025 but he is renewing the prayer for bail on the
ground that while rejecting his bail application, it was observed
by this Court that the petitioner may renew his prayer for bail
after remaining one year under custody.
3. Learned counsel for the petitioner has submitted
that the stipulated period has completed. The petitioner has
remained under custody for 1 year and 3 months. The quantity
of ganja recovered from possession of the petitioner is less than
the commercial quantity.
Patna High Court CR. MISC. No.12264 of 2026(2) dt.18-02-2026
2/2
4. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned District &
Additional Sessions Judge I, Bhagalpur in connection with
NDPS Case No. 06/2025 arising out of Naugachiya P.S. Case
No. 385 of 2024, subject to the condition that the petitioner shall
cooperate in the disposal of trial and make himself available as
and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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