Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
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
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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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