Patna High Court
Bhoj Ali DewanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Bhoj Ali Dewan was arrested in connection with the recovery of 10.7 kg of ganja and charged under sections 8, 20(b)(ii)(b), 23(b) of the NDPS Act and section 317(5) of the Bihar Narcotic Substances Act, 2023. He had been in custody since 23 February 2025 and his earlier bail application was rejected. The petitioner claimed a clean antecedent and highlighted the delay in trial. The Patna High Court, noting the prolonged custody and lack of prior convictions, allowed the bail application on the condition of a Rs.10,000 bond, two sureties who are close relatives, verification of antecedent, and mandatory weekly attendance at the police station. Any default would lead to cancellation of bail.
Issues considered
- Whether bail should be granted in a case involving large quantity of narcotics under the NDPS Act and B.N.S. 2023.
- Whether the delay in trial and alleged clean antecedent justify bail despite the seriousness of the offence.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 317(5)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(b), 23(b), 8
Subjects
- bail
- NDPS Act
- delay in trial
- criminal antecedent
- surety
- police attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.199 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- SATHI District- West Champaran
======================================================
Bhoj Ali Dewan S/O Mukhtar Dewan @ Mukhtar Devan Resident of Village-
Bhangha Bazar, Police Station- Bhangha, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pratik, Advocate
For the State : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Sathi P.S. Case
No. 50 of 2025 registered for the offence punishable under
sections 8/20(b)(ii)(b), 23(b) of the N.D.P.S. Act and under
section 317(5) of the B.N.S. 2023.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 18.06.2025 passed in Cr. Misc.
No. 37234 of 2025.
4. There is recovery of 10.7 Kg. of ganja from the
petitioner. The petitioner is in custody since 23.02.2025 and
claims clean antecedent.
5. Considering the period of custody and the fact that
Patna High Court CR. MISC. No.199 of 2026(2) dt.12-02-2026
2/2
there is delay in the trial, this application is allowed.
6. 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
Sessions Judge, Bettiah at West Champaran/ concerned Court in
connection with Sathi P.S. Case No. 50 of 2025, subject to the
condition that both the bails should be the close relative of the
petitioner.
7. At the time of accepting bail bonds of the
petitioner, the Court below will verify the criminal antecedent of
the petitioner. If it is found that the petitioner has criminal
antecedent, the Court below shall not accept the bail bonds of
the petitioner and if it is found that the petitioner has clean
antecedent, his bail bonds shall be accepted by the Court below.
8. The petitioner will also mark attendance in
Bhangha Police Station, District-West Champaran on every
Sunday of the month. Any default in appearance at the Police
Station would result in cancellation of bail bonds of the
petitioner.
(Sandeep Kumar, J)
P. Kumar
U T
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