Patna High Court
Shiv Shankar Raut @ Shankar RautversusThe 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 Patna High Court considered an application for regular bail filed by Shiv Shankar Raut, who was arrested for possession of 13 grams of cannabis (smack) in 30 packets, offences punishable under Sections 21(b) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner, in custody since 25 December 2025, claimed a clean antecedent and offered to donate Rs 25,000 to a charitable organization as part of his bail undertaking. The State opposed the bail. After evaluating the nature of the offence, the period of custody and the parties’ submissions, the Court allowed the bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to comply with conditions including the donation, monthly attendance at the police station and verification of antecedents. The Court clarified that its observations are prima facie and do not prejudice the trial. Consequently, bail was granted subject to the stipulated conditions.
Issues considered
- Whether regular bail can be granted in a case under Sections 21(b) and 25 of the NDPS Act
- Whether the petitioner’s undertaking to donate money to a charitable organization can be imposed as a condition of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 25
Subjects
- bail
- NDPS Act
- Section 21(b)
- Section 25
- regular bail
- donation condition
- police attendance
- high court
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21841 of 2026
Arising Out of PS. Case No.-442 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
Shiv Shankar Raut @ Shankar Raut S/o Mahendra Raut Resident of village-
Mahuahi P.S.- Ghorasahana District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
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 present application has been filed seeking
regular bail in connection with Ghorasahan P.S. Case No. 442 of
2025, registered for offences punishable under Sections 21(b)
and 25 of the NDPS Act.
3. As per the prosecution case, there is recovery of 13
grams of smack contained in 30 packets from the possession of
the petitioner. The petitioner is in custody since 25.12.2025 and
claims clean antecedent.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
Patna High Court CR. MISC. No.21841 of 2026(2) dt.07-04-2026
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without prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Ghorasahan P.S.
Case No. 442 of 2025, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Sevashrama, Swami
Vivekananda Path, Bela, Muzaffarpur, Bihar, and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Ghorasahan Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
(iii). At the time of acceptance of bail
Patna High Court CR. MISC. No.21841 of 2026(2) dt.07-04-2026
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bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
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
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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