Patna High Court
Rajiv KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Rajiv Kumar, applied for regular bail in a case registered under Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where 3.62 kg of ganja was seized from his jointly owned house. He argued that the quantity was intermediate, not commercial, that procedural requirements under Section 103 of the B.N.S.S. were not complied with, and that he had previously been granted anticipatory bail in a similar case. The State opposed bail, highlighting the petitioner’s involvement in another similar case. The court examined the facts, noted the absence of a forensic laboratory report in the charge sheet, and considered the petitioner’s willingness to cooperate. It ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions, and allowed the application.
Issues considered
- Whether regular bail should be granted to the accused under the NDPS Act for possession of 3.62 kg of ganja.
- Whether the quantity seized qualifies as an intermediate amount warranting bail.
- Whether non‑compliance with Section 103 of the B.N.S.S. affects bail eligibility.
- Impact of the petitioner’s prior anticipatory bail and involvement in another similar case on the current bail application.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- regular bail
- NDPS Act
- quantity of narcotics
- anticipatory bail
- charge sheet
- forensic lab report
- joint house
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14228 of 2026
Arising Out of PS. Case No.-229 Year-2025 Thana- MEHANDIGANJ District- Patna
======================================================
Rajiv Kumar Son of Late Panchanand Rai Resident of village Ranipur Nichali
Gali, P.S.- Mehndiganj, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Mehndiganj P.S. Case
No. 229 of 2025 dated 19.12.2025 registered for the offences
punishable under Sections 8 and 20(b)(ii)(B) of the N.D.P.S.
Act.
3. As per the allegation, total 3.620 kg of ganja has
been recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
quantity recovered in the intermediary quantity and much less
than the commercial quantity. No procedure with respect to
Section 103 B.N.S.S. has been followed. The petitioner happens
Patna High Court CR. MISC. No.14228 of 2026(3) dt.20-04-2026
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to be a general store owner, the place is accessible to many.
Moreover, the house in question is a joint house and many
persons reside there. It has further been submitted that although
petitioner was made accused in one another case of similar
nature, but he has been granted the privilege of anticipatory bail
by this Court in that case. The petitioner is in custody since
20.12.2025 and he is ready to co-operate in the trial. It has
further been submitted that charge-sheet has been filed in this
case and there is no allegation of tampering with the evidence.
Moreover, the charge-sheet has been filed without the FSL
report and hence, at this stage, it is not clear whether the
contraband article is a narcotic one or not.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and has further
submitted that the petitioner is accused in one another case of
similar nature.
6. Perused the record and considered the submissions
of the parties as well as the facts and circumstances of the case,
the petitioner above-named is directed to be enlarged on bail on
furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Patna in connection with Mehndiganj
Patna High Court CR. MISC. No.14228 of 2026(3) dt.20-04-2026
3/3
P.S. Case No. 229 of 2025.
7. The petitioner is directed to co-operate in the trial
and be well represented on each and every date fixed in the trial
and failure to appear on two consecutive dates, the court below
would be at liberty to cancel the bail bonds of the petitioner.
8. If the petitioner gets involved subsequently in
similar nature of offence, the prosecution would be at liberty to
move appropriate Court for cancellation of his bail bonds.
9. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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