Patna High Court
Dhanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could be granted in view of the intermediate quality of the seized ganja, the petitioner’s clean antecedent, and the period of custody, subject to bond and attendance conditions.
Summary
The petitioner, Dhanjay Kumar, was arrested on 29‑12‑2025 in connection with the seizure of 2.200 kg of ganja under Sections 8 and 20(B)(ii)(b) of the NDPS Act. He claimed a clean antecedent. The court considered the intermediate quality of the narcotic, the length of his custody, and his clean record. Finding these factors sufficient, the court allowed the bail application, directing a bail bond of Rs 10,000 with two sureties of the same amount. The petitioner was also ordered to appear every Sunday at Raghopur Police Station, with default leading to cancellation of bail, and the court clarified that its order was limited to bail and did not prejudice the trial.
Issues considered
- Whether bail should be granted to an accused charged under Sections 8 and 20(B)(ii)(b) of the NDPS Act for possession of 2.200 kg of ganja.
- Whether the intermediate quality of the seized narcotic and the petitioner’s clean antecedent justify granting bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii)(b), 8
Subjects
- bail
- NDPS Act
- drug possession
- intermediate quality
- clean antecedent
- surety
- attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22074 of 2026
Arising Out of PS. Case No.-350 Year-2025 Thana- NADI P.S. District- Patna
======================================================
Dhanjay Kumar Son of Late Shyam Babu Rai Resident of Village- Rampur,
Shyam Chak, P.S.- Raghopur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar, Advocate
For the State : Mr.Anish Chandra, APP
======================================================
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 Nadi
P.S. Case No. 350 of 2025 registered for the offence punishable
under Sections 8 and 20(B)(ii)(b) of the NDPS Act.
3. The recovery is of 2.200 Kg. of ganja from the
petitioner, who is in custody since 29.12.2025 and claims clean
antecedent.
4. Considering the recovery of intermediate quality,
period of custody as well as clean antecedent, this application is
allowed.
5. 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
Patna High Court CR. MISC. No.22074 of 2026(2) dt.08-04-2026
2/2
Exclusive Special NDPS Court No. 01, Civil Court, Patna in
connection with Nadi P.S. Case No. 350 of 2025.
6. The petitioner will also mark attendance in
Raghopur Police Station, District-Vaishali on every Sunday of
the month. Any default in appearance at the Police Station
would result in cancellation of bail bonds of the petitioner.
7. 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
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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