Patna High Court
Jitendra MaharjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 21(b), 21(c), 22, 8(c)
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
Checking your session…