Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Raja Kumar, was arrested in connection with a case under Sections 21(a) and 22(a) of the NDPS Act after 12.96 grams of brown sugar were seized. He has been in custody since 31 January 2026 and claims to be innocent with a clean antecedent. The petitioner’s counsel sought regular bail, while the State opposed the application. The High Court, after considering the clean antecedent and the nature of the offence, allowed the bail application. The court ordered release on a bail bond of Rs. 10,000 with two sureties, subject to monthly attendance at the police station and verification of the petitioner’s clean antecedent.
Issues considered
- Whether regular bail should be granted to a person accused under Sections 21(a) and 22(a) of the NDPS Act for possession of 12.96 grams of brown sugar
- Whether the petitioner’s clean antecedent warrants bail despite the nature of the offence
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(a), 22(a)
Subjects
- bail
- NDPS Act
- regular bail
- clean antecedent
- criminal procedure
- possession of narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21814 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- SARAI RANJAN District- Samastipur
======================================================
Raja Kumar S/o Shankar Sahni R/O Village- Raepur Buzurg, P.S.-
Sarairanjan, Dist.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap
For the Opposite Party/s : Mr. Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The present application has been filed seeking
regular bail in connection with Sarairanjan P.S. Case No. 25 of
2026, registered for offences punishable under Sections 21(a)
and 22(a) of the NDPS Act.
3. As per the prosecution case, 12.96 grams of brown
sugar has been recovered from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 31.01.2026 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.21814 of 2026(2) dt.07-04-2026
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6. Considering the aforesaid facts and circumstances
and the clean antecedent, 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 Court below where the case is
pending/successor Court in connection with Sarairanjan P.S.
Case No. 25 of 2026 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Sarairanjan Police Station
on the first Sunday of each month. Any
default in appearance at the Police Station
would result in cancellation of bail bond of
the petitioner.
(ii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
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.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
Patna High Court CR. MISC. No.21814 of 2026(2) dt.07-04-2026
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shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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