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Patna High Court

Ekbali Patel @ Elbali Raut Kurmi @ Ekbali Raut KurmiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted subject to a Rs 10,000 bond, two sureties, a Rs 25,000 donation to Ramakrishna Mission Ashram, and verification of the petitioner’s antecedent.

Summary

The Patna High Court entertained a bail application filed by Ekbali Patel, who was arrested in connection with Harpur P.S. Case No.139 of 2025 for alleged offences under Sections 8, 20(b)(ii), 23(b), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, involving the recovery of 1.830 kg of ganja. The petitioner, in custody since 22‑11‑2025, asserted a clean antecedent and offered to donate Rs 25,000 to a charitable institution without admitting guilt. The court examined the seriousness of the offence, the quantity of narcotics seized, and the petitioner’s background. It held that bail could be granted provided the petitioner furnished a bail bond of Rs 10,000 with two sureties, deposited the promised donation with the Ramakrishna Mission Ashram, and that his antecedent be verified. The order expressly limited the observations to the bail application and did not prejudice the merits of the trial. Consequently, bail was granted subject to the stipulated conditions.

Issues considered

  • Whether bail should be granted in an NDPS case involving the possession of 1.830 kg of ganja.
  • Whether the petitioner’s clean antecedent and willingness to make a charitable donation satisfy the criteria for bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics possession
  • donation condition
  • sureties
  • antecedent verification
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21897 of 2026
                   Arising Out of PS. Case No.-139 Year-2025 Thana- HARPUR District- East Champaran
                 ======================================================
                 Ekbali Patel @ Elbali Raut Kurmi @ Ekbali Raut Kurmi Son of Mukti
                 Narayan Raut @ Mukti Narayan Raut Kurmi Resident of Village- Shivarwa
                 PS- Pokhariya Dist- Parsa Nepal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjeev Kumar Shrivastava
                 For the Opposite Party/s :       Mr.Murli Dhar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Harpur P.S. Case No. 139 of 2025 registered for the offence

                   under Sections 8/20(b)(ii) B/23(b), 25/29 of the NDPS Act.

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

                   1.830 kg. Of Ganja from the petitioner.

                                   4. The petitioner is in custody since 22.11.2025

                   and he claims to have clean antecedent.

                                     5. Learned counsel for the petitioner submits that

                   the petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                   6. Considering the recovery of intermediate
Patna High Court CR. MISC. No.21897 of 2026(2) dt.08-04-2026
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          quantity, this application is allowed.

                          7. Let the petitioner, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned concerned Court below in connection with Harpur

          P.S. Case No. 139 of 2025, subject to the condition that the

          Saroj Patel son of Lachuman Patel and one close relative of the

          petitioner from his in-laws side will be the bailors.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                        9. As the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If

          the petitioner is found to be involved in any other case then the

          bail bonds of the petitioner shall not be accepted.

                       10.    It is, however, clarified that the observations

          made herein are limited to the adjudication of the present bail

          application and shall not prejudice the case of the petitioner at
          Patna High Court CR. MISC. No.21897 of 2026(2) dt.08-04-2026
                                                      3/3




                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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