Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that regular bail must be granted as the quantity was below commercial threshold, the chargesheet was filed, and the petitioner had been in custody for an extended period.
Summary
The petitioner, Jitendra Kumar, was arrested in connection with a case under sections 8 and 20(b)(ii)B of the NDPS Act after 6.10 kg of ganja was allegedly recovered from a bag he was carrying. He contended that he was falsely implicated, that no incriminating article was found in his possession, and that he had no prior criminal record. He had been in custody since 28 September 2025, and a chargesheet had already been filed. The court considered the allegations, the fact that the quantity seized was less than commercial quantity, the duration of his pre‑trial detention, and the filing of the chargesheet. Accordingly, the court ordered that he be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to an accused under sections 8 and 20(b)(ii)B of the NDPS Act when the seized quantity is less than commercial quantity and the accused has been in custody for several months.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)B, 8
Subjects
- regular bail
- NDPS Act
- quantity less than commercial
- pre‑trial detention
- chargesheet
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14123 of 2026
Arising Out of PS. Case No.-285 Year-2025 Thana- GAYA RAIL P.S. District- Gaya
======================================================
Jitendra Kumar S/o Raghunath Sao @ Raghunath Saw R/o Village - Usri
Nayagaon, P.S - Bhauraiya, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Gaya Rail P.S. Case no.
285 of 2025 registered under sections 8 and 20 (b)(ii)B of the
N.DP.S. Act.
3. As per the prosecution case, 6.10 kg of ganja was
recovered from the bag which the petitioner was carrying.
4. It is submitted by learned counsel for the petitioner
that the petitioner has been falsely implicated in the case. No
incriminating article has been recovered from his possession or
from his bag. He has no criminal antecedent. He is in custody
since 28.9.2025 and chargesheet has been submitted in the case.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.14123 of 2026(2) dt.12-03-2026
2/2
taking into consideration the allegations against the petitioner in the
F.I.R., the alleged recovery being less than commercial quantity, the
petitioner having remained in custody since 28.9.2025 and
chargesheet having been submitted in the case, the Court directs the
petitioner to be enlarged on bail in connection with Gaya Rail P.S.
Case no. 285 of 2025 on furnishing bail bond of Rs.10,000/ (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge-IX, Gaya.
(Partha Sarthy, J)
Bibhash
U T
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