Created by Fuzzy Cloud

Patna High Court

GURUDEV SADAversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, a 76‑year‑old man, was arrested on 5 November 2025 in connection with a case (Ratanpura P.S. Case No.65 of 2025) involving the seizure of about 127 kg of ganja. He was charged under sections 8, 20(B)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act based largely on secret information, and he has been in custody since his arrest. The petitioner argued that there is no direct material linking him to the crime, that he has no other pending NDPS cases, and that his advanced age warrants leniency. The State opposed the bail application. The court, noting the absence of direct evidence, the petitioner’s age, and his clean record under the NDPS Act, allowed the bail application subject to a bond of Rs 10,000 with two sureties and verification of his claim that he is not accused in any other NDPS case.

Issues considered

  • Whether bail should be granted to the accused under the NDPS Act in the absence of direct material evidence linking him to the offence.
  • Whether the petitioner’s advanced age and lack of other NDPS cases justify the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • age factor
  • secret information
  • seizure of ganja
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22879 of 2026
                       Arising Out of PS. Case No.-65 Year-2025 Thana- RATANPUR District- Supaul
                 ======================================================
                 GURUDEV SADA Son of Saten Sada @ Sautan Sada R/o village - Piprahi,
                 Ward No.- 1, P.S.- Ratanpura, District - Supaul
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nafisuzzoha, Advocate
                 For the State            :       Mr.Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Ratanpura P.S. Case No.65 of 2025 registered for the offence

                   under sections 8/20(B) (ii)(C)/29 of the N.D.P.S. Act.

                                 3. It is alleged that about 127 Kgs. of ganja has been

                   recovered near a river.

                                 4. The petitioner has been made accused in this case

                   on the basis of some secret information. He is in custody since

                   05.11.2025.

                                 5. It has been submitted by learned counsel for the

                   petitioner that save and except the present one, the petitioner is

                   not accused in any other case lodged under the N.D.P.S. Act. He

                   further submits that the petitioner is an old person aged about 76

                   years and there is no direct material to connect the petitioner
           Patna High Court CR. MISC. No.22879 of 2026(2) dt.30-04-2026
                                                       2/2




                     with the crime.

                                   6. Learned APP appearing for the State opposes the

                     prayer for bail of the petitioner.

                                   7. Considering the fact that there is no direct material

                     against the petitioner to connect him with the crime, his age and

                     also the fact that he is not accused in any other case lodged

                     under the N.D.P.S. Act, this bail application is allowed.

                                   8. Let the petitioner, above named, be released on bail

                     upon furnishing bail bonds of Rs.10,000/- (ten thousand) with

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

                     learned Chief Judicial Magistrate, Supaul/ concerned Court

                     below in connection with Ratanpura P.S. Case No.65 of 2025.

                                   9. At the time of furnishing bail bonds, the court

                     below shall verify the statement of the petitioner that save and

                     except the present case, he is not accused in any other case

                     lodged under the N.D.P.S. Act. The bail bonds of the petitioner

                     shall only be accepted if the contention of the petitioner is found

                     to be true.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.