Patna High Court
GURUDEV SADAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B)(ii)(C), 29, 8
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
Checking your session…