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Patna High Court

Saurabh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
                 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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