Patna High Court
Deepak Kumar PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail is granted to the petitioner subject to conditions under Section 2(1)(d) and Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Deepak Kumar Patel, was arrested for alleged possession of 10.4 kg of ganja, a quantity higher than a small amount but less than commercial quantity, under the NDPS Act. Earlier bail applications were rejected on 03-10-2024 and 16-05-2025. The petitioner argued that his antecedents are clean and the contraband is below commercial quantity, seeking bail. The State opposed bail, noting that the charge has been framed. The Court, considering the facts and the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted bail on a bond of Rs.30,000 with specific conditions regarding appearance, witness tampering, and future conduct.
Issues considered
- Whether bail should be granted to the accused despite the quantity of narcotics seized and prior bail rejections
- Whether the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, permit bail in this circumstance
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 2(1)(d), 480(3)
- Narcotic Drugs and Psychotropic Substances Act
Subjects
- bail
- NDPS Act
- possession of ganja
- quantity of narcotics
- court conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17401 of 2026
Arising Out of PS. Case No.-171 Year-2024 Thana- MUZFFARPUR GRP CASE District-
Muzaffarpur
======================================================
Deepak Kumar Patel S/o Sri Brajnandan Kumar Resident of - Ward No. 8,
Parsa, Police Station - Bagaha, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gautam Kumar Yadav, Advocate
For the Opposite Party/s : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Learned counsel for the petitioner submits that the
prayer for bail of the petitioner has earlier been rejected vide
order dated 03.10.2024 passed in Criminal Miscellaneous
No.71831 of 2024 and order dated 16.05.2025 passed in
Criminal Miscellaneous No.11451 of 2025.
3. Learned counsel further submits that charge has
already been framed in this case and the antecedent of the
petitioner is clean. He further submits that allegedly recovery of
10.400 kg of ganja from the possession of the petitioner is the
subject matter of this case. He further submits that the alleged
recovered contraband is less than the commercial quantity but
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higher than the small quantity.
4. Learned counsel for the State opposes the prayer
for bail and submits that recovered contraband is less than the
commercial quantity and charge has been framed.
5. In the present facts and circumstances of this case
and the submissions made above, let the petitioner above
named, be granted bail on furnishing bail bonds of Rs.30,000/-
(Rupees Thirty thousand) as mentioned in Section 2(1) (d) of
the BNSS, 2023 to the satisfaction of learned Exclusive Special
Court No.1, NDPS Act, Muzaffarpur. in connection with
N.D.P.S. Case No. 153/2024 (arising out of Rail Muzaffarpur
P.S. Case No. 171 of 2024), subject to the conditions as laid
down under Section 480(3) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(i) one of the bailor should be the family member of
the petitioner who shall provide official document to show his
bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
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police station every month for one year to mark attendance;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidence,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds; and
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Dr. Anshuman, J)
Ashwini/-
U T
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