Patna High Court
Ekbali Patel @ Elbali Raut Kurmi @ Ekbali Raut KurmiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii), 23(b), 25, 29, 8
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
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any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
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