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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to the conditions imposed by the Court.

Summary

The petitioner, Rahul Kumar, applied for regular bail in a case registered under Sections 8(c) and 21(b) of the NDPS Act for possession of 31.56 grams of smack. He had been in custody since 3 January 2026 and claimed a clean antecedent, offering to donate Rs 25,000 to a charitable organization as part of his undertaking. The State opposed the bail. The Court, after considering the facts, custody period and submissions, allowed the bail application, directing release on a bail bond of Rs 10,000 with two sureties of the same amount, subject to conditions of the charitable donation, monthly attendance at the police station, and verification of his antecedents. The order expressly stated that the observations were prima facie and would not affect the trial. Consequently, the petitioner was released on bail under the stipulated conditions.

Issues considered

  • Whether bail should be granted in an NDPS case involving possession of 31.56 grams of a narcotic under Sections 8(c) and 21(b).
  • Whether the conditions imposed—charitable donation, periodic police‑station attendance, and antecedent verification—are permissible for granting bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • regular bail
  • charitable donation
  • police attendance
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21842 of 2026
                       Arising Out of PS. Case No.-3 Year-2026 Thana- GAURICHAK District- Patna
                 ======================================================
                 Rahul Kumar son of Mogal Chaudhary Resident of Village -Lakhana, Police
                 Station - Gaurichak, District -Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Prasad
                 For the Opposite Party/s :       Mr.Nawal Kishore Prasad
                 ======================================================
                 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 Gaurichak P.S. Case No. 03 of

                   2026, registered for offences punishable under Sections 8(c) and

                   21(b) of the NDPS Act.

                                3. As per the prosecution case, there is recovery of

                   31.56 grams of smack from the possession of the accused

                   persons. The petitioner is in custody since 03.01.2026 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,

                   without prejudice to his defence and without admitting guilt.
Patna High Court CR. MISC. No.21842 of 2026(2) dt.07-04-2026
                                            2/3




                       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 Gaurichak P.S. Case

          No. 03 of 2026, subject to the following conditions:

                                       (I). The petitioner shall deposit a sum of
                          Rs. 25,000/- (Rupees Twenty-Five Thousand only)
                          with Ramakrishna Mission Ashrama. Nala Road,
                          Patna 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 Gaurichak Police Station on the first
                          and third 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
                          bonds, the court below shall verify the antecedents
            Patna High Court CR. MISC. No.21842 of 2026(2) dt.07-04-2026
                                                        3/3




                                      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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