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Patna High Court

Jitendra MaharjanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a cash bond and the condition that both sureties be residents of Bihar.

Summary

The petitioner, a Nepali citizen, was arrested in a raid on a house in Jaynagar where heroin and brown sugar were seized, and is charged under Sections 8(c), 20, 21(b), 21(c) and 22 of the NDPS Act. The petitioner claims innocence, asserts a clean antecedent, and has been in custody since 17 September 2025. The State opposed bail, citing the seriousness of the drug offences. The High Court, after considering the facts and the petitioner's circumstances, ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount, both of whom must be residents of Bihar. The order is limited to the bail application and does not prejudice the trial on the merits.

Issues considered

  • Whether bail can be granted to the petitioner under the NDPS Act given the nature of the offences and his foreign nationality

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug offence
  • foreign national
  • heroin
  • brown sugar
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13927 of 2026
                    Arising Out of PS. Case No.-322 Year-2025 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Jitendra Maharjan S/o Kumar Maharjan Resident of Village- Kirtipur, Police
                 Station- Kirtipur, District- Kathmandu. Nepal
                                                                          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md Soban Asghar, Advocate
                 For the Opposite Party/s :      Mr.Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   16-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Jaynagar

                   P.S. Case No. 322 of 2025 registered for the offence punishable

                   under Sections 8(c), 20, 21(b), 21(c), 22 of the NDPS Act.

                                3. As per the prosecution case, on information police

                   raided the house of Sonu and arrested Sonu along with petitioner

                   and other drug smugglers, drug peddlers and a total of 150 gram

                   Heroin has been recovered from the possession of Sonu and brown

                   sugar has been recovered from the possession of other accused

                   persons including the petitioner, who is a Nepali citizen.                       On

                   interrogation, Sonu has said that he along with all the accused

                   persons including the petitioner are dealing in illegal business of

                   brown sugar.

                                4. It has been submitted by the learned counsel for the
            Patna High Court CR. MISC. No.13927 of 2026(3) dt.16-04-2026
                                                        2/2




                      petitioner that the petitioner is innocent and has falsely been

                      implicated in this case. The petitioner is in custody since

                      17.09.2025 having clean antecedent.

                                   5. Learned APP appearing for the State opposes the

                      prayer for bail of the petitioners.

                                   6. Considering the facts and circumstances of the case

                      and submissions of learned counsel for the petitioner, let the

                      petitioner, above named, be released on bail upon furnishing bail

                      bonds of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Additional District

                      Judge-IV, Madhubani /concerned Court below in connection with

                      Jaynagar P.S. Case No. 322 of 2025 subject to the condition that

                      both bailors must be from Bihar.

                                   7. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present bail application

                      and shall not prejudice the case of the petitioner at any subsequent

                      stage of the trial and this Court has not express any opinion on the

                      merits of the case.




                                                                    (Sandeep Kumar, J)

sanjeev/-

U       T


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