Created by Fuzzy Cloud

Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.