Patna High Court
NANDKISHOR BHARTI @ NANDKISHORE BHARTIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Considering the intermediate quantity of ganja, the petitioner’s advanced age and clean antecedent, the court held that bail should be granted subject to conditions.
Summary
Nandkishor Bharti, a 64‑year‑old accused, was arrested in connection with the recovery of 9 kg of ganja under Sections 8 and 20(b)(ii)(B) of the NDPS Act. He had been in custody since 20‑Nov‑2024 and claimed a clean antecedent. The petitioner’s earlier bail application had been rejected. The High Court considered the intermediate quantity of the drug, the petitioner’s advanced age, the length of custody and the alleged clean record. Finding these factors sufficient, the Court allowed bail with a bond of Rs 10,000 and two sureties, subject to regular police attendance. The bail order also directed verification of the petitioner’s antecedent before acceptance of the bond.
Issues considered
- Whether bail can be granted to an accused under Sections 8 and 20(b)(ii)(B) of the NDPS Act for possession of an intermediate quantity of ganja.
- Whether the petitioner’s age, period of custody and claimed clean antecedent justify the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- drug possession
- intermediate quantity
- age factor
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12867 of 2026
Arising Out of PS. Case No.-179 Year-2024 Thana- JIRADEI District- Siwan
======================================================
Nandkishor Bharti @ Nandkishore Bharti Son of Late Rama Bharti Resident
of village - Thepaha Station tola, Jeradei, Police Station - Zeradei, District -
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap, Advocate
For the State : Mr.Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Jiradei P.S. Case
No. 179 of 2024 registered for the offence under Sections 8,
20(b)(ii)(B) of the NDPS Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 23.04.2025 passed in Cr. Misc.
No. 21027 of 2025.
4. As per the prosecution case, there is recovery of 9
Kg of Ganja from the petitioner.
5. The petitioner is in custody since 20.11.2024 and
claims clean antecedent.
Patna High Court CR. MISC. No.12867 of 2026(2) dt.23-02-2026
2/2
6. Considering the recovery of intermediate quantity
of ganja, the period of custody and the age of the petitioner, who
is aged about 64 years, this application is allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Principal Sessions Judge, Siwan/ concerned Court below in
connection with Jiradei P.S. Case No. 179 of 2024.
8. The petitioner will also mark attendance in Jiradei
Police Station, District- Siwan on the first and third Sunday of
each month. Any default in appearance at the Police Station
would result in cancellation of bail bonds of the petitioner.
9. At the time of accepting bail bonds of the
petitioner, the Court below will verify the criminal antecedent of
the petitioner. If it is found that the petitioner has criminal
antecedent, the Court below shall not accept the bail bonds of
the petitioner and if it is found that the petitioner has clean
antecedent, his bail bonds shall be accepted by the Court below.
(Sandeep Kumar, J)
P. Kumar
U T
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