Patna High Court
Dhiraj Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner on the condition of a bail bond and sureties.
Summary
The petitioner, Dhiraj Kumar Gupta, was arrested in connection with a large seizure of ganja—682.7 kg from a truck and 3.15 kg from a Creta car—under sections 8 and 20(b)(ii)(c) of the NDPS Act. He contended that he was merely a passenger in the car, that the driver Sanjeev Tiwary had already been granted bail, and that he had no prior criminal record, having been in custody since 16‑10‑2025. The State opposed his request for regular bail. Considering the petitioner’s claim of innocence, lack of antecedents, and the fact that a co‑accused had been released on bail, the Court decided to grant regular bail on a bond of Rs.10,000 with two sureties. The order directs his release pending trial in NDPS Case No. 7 of 2026.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the large quantity of narcotics seized
- Whether the petitioner’s lack of prior criminal record and claim of mere presence in the vehicle justify bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 8
Subjects
- NDPS Act
- regular bail
- drug seizure
- criminal antecedent
- presumption of innocence
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18620 of 2026
Arising Out of PS. Case No.-364 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
Dhiraj Kumar Gupta S/o Late Gorakhnath Prasad R/o Vill- New Area, P.S.-
Dehri, Distt- Rohtas
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the Opposite Party/s : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8 20 (b) (ii)
(c) of the NDPS Act.
3. The case of the prosecution is that from one truck
and one Creta Car were searched and from the truck altogether
682.7 K.G. ganja whereas from Creta car altogether, 3.15 K.G.
ganja was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
petitioner was merely found travelling in a Creta Car. It is
further submitted that one Sanjeev Tiwary @ Sanjiv Tiwary who
was driving the Creta Car has already been granted bail by a
Patna High Court CR. MISC. No.18620 of 2026(2) dt.18-03-2026
2/2
Bench of this Court vide order dated 04.02.2026 passed in Cr.
Misc. No. 5303 of 2026. The case of this petitioner stands on
similar footing. Moreover, the petitioner is languishing in
judicial custody since 16.10.2025 having no criminal
antecedent.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with NDPS Case No. 7 of 2026 arising out of
Barachati P.S. Case No. 364 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge –
XVI cum Special Judge, NDPS Act, Gaya.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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