Patna High Court
Roshan Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
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
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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
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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/-
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