Patna High Court
DHIRENDRA KUMAR @ DHEERENDRA KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail should be granted to the petitioner.
Summary
The petitioner, Dhirendra Kumar, was charged under Sections 20(b)(ii)(C), 25 and 29 of the Narcotic Drugs Psychotropic Substance Act, 1985 for alleged possession of 63.8 kg of ganja recovered from a car parked near his cattle shed. He argued that the vehicle did not belong to him, that he was falsely implicated, and that the trial had not yet commenced, having only been framed. He also pointed out his custody since 14 February 2025 and a single prior criminal antecedent, seeking regular bail. The State opposed bail, citing the seriousness of the offence. The High Court, noting that the petitioner was not caught in possession of the narcotics and that the investigation was at a preliminary stage, allowed regular bail on a bond of Rs 10,000 with two sureties, subject to his cooperation with the trial, and warned that non‑compliance would lead to cancellation of bail.
Issues considered
- Whether regular bail can be granted to an accused under the NDPS Act when the seized narcotics were not found in his possession and the trial is pending
- Whether the petitioner’s period of custody and a single prior criminal antecedent preclude the grant of bail
Subjects
- NDPS Act
- regular bail
- narcotics
- bail conditions
- criminal procedure
- possession
- prior custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19454 of 2026
Arising Out of PS. Case No.-60 Year-2025 Thana- Excise P.S. District- Begusarai
======================================================
DHIRENDRA KUMAR @ DHEERENDRA KUMAR S/o Ramtirath Prasad
Singh @ Ramtirth Prasad Singh @ Ramtirth Singh Resident of Village-
Hanspur (Haspur) Ward No.01, Police Station- Nayagaon, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Excise Begusarai P.S. Case
No. 60/2025 registered for the offences punishable under
Sections 20(b)(ii)(C)/ 25 and 29 of the Narcotic Drugs
Psychotropic Substance Act, 1985. Earlier the bail application of
the petitioner was rejected by this Court vide order dated
03.09.2025 passed in Cr. Misc. No. 42063 of 2025.
3. As per the prosecution case, 63.800 kg of ganja was
recovered from a car which was found standing in front of the
cattle shed of the petitioner.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.19454 of 2026(2) dt.29-04-2026
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petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that the car from
which ganja was recovered does not belong to the petitioner.
Learned counsel lastly submits that the trial has not yet started
and only charges have been framed, therefore, the petitioner
deserves privilege of bail. Petitioner has one criminal
antecedent and he is in custody since 14.02.2025. The petitioner
undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the period of custody and the fact that
the petitioner was not caught with the ganja and that he is not
involved in any case under N.D.P.S. Act, this application for
regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District & Additional Sessions Judge-
1st -cum – Special Judge, NDPS Act & P.O. of Children Court,
Begusarai /concerned Court below in connection with Excise
Begusarai P.S. Case No. 60/2025.
8. This is also subject to the condition that the
petitioner after being released on bail is directed to co-operate in the
Patna High Court CR. MISC. No.19454 of 2026(2) dt.29-04-2026
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trial either by appearing personally or through his lawyer in the Trial
Court on each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of the bail
bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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