Patna High Court
Surendra Turha @ Labar Turha @ LabaraversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petition for regular bail, granting it subject to bond and attendance conditions.
Summary
The petitioner, Surendra Turha, was arrested in connection with the seizure of 52.245 kg of ganja from a vehicle and charged under Sections 20(B)(ii)C, 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He claimed innocence, stating that his name appeared only in the confessional statement of a co‑accused and that he was not caught with the narcotics. The petitioner, who has three prior criminal records, had been in custody since 18 October 2025 and sought regular bail. The prosecution opposed the bail, but the court noted the lack of direct possession and reliance on a co‑accused’s statement. Consequently, the court granted regular bail on a bond of Rs. 10,000 with two sureties and imposed a condition that the petitioner attend the Udwantnagar Police Station every Sunday, with non‑compliance leading to cancellation of bail.
Issues considered
- Whether regular bail can be granted to an accused under the NDPS Act when the accused was not found in possession of the seized narcotics but is named in a co‑accused's confessional statement.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)C, 25, 29
Subjects
- regular bail
- NDPS Act
- drug seizure
- confessional statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21971 of 2026
Arising Out of PS. Case No.-401 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Surendra Turha @ Labar Turha @ Labara S/O Jawahir Turha @ Jawahar Sah
R/O village - Masar, P.S- Udwantnagar, District- Bhojpur
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Thakur, Advocate
Mr.Purushottam Kumar, Advocate
For the Opposite Party/s : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in the present case
registered for the offences punishable under Sections 20(B)
(ii)C, 25 and 29 of the N.D.P.S. Act.
3. As per the prosecution case, recovery is of 52.245
kg of ganja from a car.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that the name of
the petitioner has come in the confessional statement of the co-
accused. Petitioner has three criminal antecedents and he is in
custody since 18.10.2025. The petitioner undertakes to co-
Patna High Court CR. MISC. No.21971 of 2026(2) dt.30-04-2026
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operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the fact that the petitioner was not
caught with the ganja and his name has come in the confessional
statement of the co-accused, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Court NDPS -cum- Sessions
Judge, Bhojpur at Ara concerned Court below in connection
with Udwantnagar P.S. Case No. 401/ 2025.
8. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Udwantnagar Police Station, District- Bhojpur on every Sunday
of the month. Any default in appearance at the Police Station
will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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