Created by Fuzzy Cloud

Patna High Court

Roshan Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and specified conditions.

Summary

Roshan Kumar Jha was arrested on 18 January 2026 in connection with a narcotics case (Champanagar P.S. Case No. 10 of 2026) under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act. The prosecution alleged that contraband was recovered from co‑accused, but none was found on the petitioner, who only had a mobile phone seized. The petitioner, claiming a clean antecedent and false implication, sought bail, pointing out that similarly situated co‑accused had already been released on bail by a co‑ordinate bench. The Additional Public Prosecutor opposed the bail. The Court, noting the absence of contraband on the petitioner and the precedent of bail to co‑accused, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding trial cooperation, non‑tampering of evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 8(c) and 21(b) of the NDPS Act in the absence of contraband recovered from his possession.
  • Whether the grant of bail to similarly situated co‑accused mandates the same relief for the petitioner.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug offences
  • Sections 8(c)
  • Section 21(b)
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19362 of 2026
                       Arising Out of PS. Case No.-10 Year-2026 Thana- Champanagar District- Purnia
                 ======================================================
                 Roshan Kumar Jha S/o Late Kanhaiya Jha R/o - kalabalwa Baneli, Ward no.
                 13, P.S - Raniganj, District - Araria

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vivekanand Singh, Advocate
                 For the Opposite Party/s :        Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   31-03-2026                      Heard Mr. Vivekanand Singh, learned counsel for

                   the petitioner as well as Mr. Chandra Sen Prasad Singh, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   18.01.2026 in connection with Champanagar P.S. Case No. 10

                   of 2026, F.I.R. dated 17.01.2026 for the offences punishable

                   under Sections 8(c), 21(b) of Narcotic Drugs and Psychotropic

                   Substances Act.

                               3. According to prosecution case, an alto car was

                   intercepted and four persons were apprehended including the

                   petitioner and from the possession of co-accused Niraj Kumar

                   Choudhary 23.1 grams smack/brown sugar was recovered and

                   from the possession of Kanhaiya Kumar 6.33 grams of

                   smack/brown sugar was recovered and it is alleged that from the
Patna High Court CR. MISC. No.19362 of 2026(2) dt.31-03-2026
                                            2/3




          petitioner one mobile phone was recovered.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. It has been further submitted that

          no contraband articles has been recovered from the possession

          of the petitioner and similarly situated co-accused persons,

          namely, Vikram Kumar and Niraj Kumar Choudhary @ Niraj

          Kumar have been granted the privilege of bail by co-ordinate

          Bench of this Court vide order dated 25.03.2026 in Cr. Misc.

          No. 19082 of 2026 and Cr. Misc. No. 18882 of 2026 and the

          petitioner is in custody since 18.01.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          no contraband articles has been recovered from the possession

          of the petitioner and similarly situated co-accused persons have

          been granted the privilege of bail by co-ordinate Bench of this

          Court, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Special Judge, Purnea in connection with Champanagar P.S.

          Case No. 10 of 2026, subject to the following conditions:-
            Patna High Court CR. MISC. No.19362 of 2026(2) dt.31-03-2026
                                                        3/3




                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.