Patna High Court
Ashok DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Ashok Das was arrested in connection with NDPS Case No. 147 of 2025 for alleged possession of 12.01 grams of smack, violating Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act. The petitioner, claiming a clean antecedent, applied for bail and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail, but the Court considered the facts, the petitioner’s background, and the submissions of counsel. The Court granted bail on the condition of a Rs. 10,000 bond with two sureties, a Rs. 25,000 donation to Ramakrishna Math, regular attendance at Harishchandrapur Police Station every Sunday, and verification of the petitioner’s antecedent. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted in an NDPS case involving possession of a small quantity of narcotics under Sections 8(c) and 21(b) of the NDPS Act
- What conditions are appropriate for granting bail in such cases
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- surety
- charitable donation
- police attendance
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21684 of 2026
Arising Out of PS. Case No.-403 Year-2025 Thana- AAJAM NAGAR District- Katihar
======================================================
Ashok Das S/o- Saimaual (Samual) Das Resident of Village- Kurshid
Sadhpara PO- Sahpara PS-Harischandrapur, Dist- Malda W.B
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Singh
For the Opposite Party/s : Mr.Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
NDPS Case No. 147 of 2025 arising out of Azamnagar P.S. Case
No. 403 of 2025 registered for the offence under Sections 8(c)
and 21(b) of the NDPS Act.
3. As per the prosecution case, the recovery is of
12.01 grams of smack and other articles from the petitioner.
4. The petitioner is in custody since 23.10.2025
and he claims to have clean antecedent.
5. Learned counsel for the petitioner submits that
the petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.21684 of 2026(2) dt.07-04-2026
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prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with NDPS Case No. 147 of 2025
arising out of Azamnagar P.S. Case No. 403 of 2025.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Bhatta Bazar, Purnea and produce the
receipt of the same before the Court below. The bail bonds of
the petitioner shall be accepted after verifying the genuineness
of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Harishchandrapur Police Station, West Bengal on every Sunday
of each month. Any default in appearance at the police station
will result in cancellation of bail bonds of the petitioner.
10. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
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petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
11. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
12. Let a copy of this order be communicated to the
Superintendent of Police, Malda, West Bengal through FAX for
its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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