Patna High Court
Krishnandan PathakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the regular bail application, granting bail with specified conditions.
Summary
Krishnandan Pathak was arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 3.462 kg of ganja, charged under Sections 8, 20(b)(ii)(B) and 25. His first bail application was rejected on 09.09.2025. He filed a second regular bail application, claiming innocence and highlighting the length of his custody since 13.05.2025 and delay in trial. The court considered the custody period, trial delay, and the nature of the offence, and decided to grant regular bail. Bail was set at a Rs.10,000 bond with two sureties, along with conditions of weekly police station attendance and a Rs.25,000 donation to a charitable institution.
Issues considered
- Whether regular bail should be granted to an accused under Sections 8, 20(b)(ii)(B) and 25 of the NDPS Act considering the nature of the offence, custody period, and trial delay.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 25, 8
Subjects
- NDPS Act
- regular bail
- drug possession
- trial delay
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23828 of 2026
Arising Out of PS. Case No.-219 Year-2025 Thana- PIPRA District- East Champaran
======================================================
Krishnandan Pathak Son of Late Jaleshwar Pathak Resident of village -
Chintamanpur, Ward No.- 03, P.S.- Pipra, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-05-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection Pipra P.S. Case No. 219 of 2025
(N.D.P.S. G.R. Case No.71 of 2025) registered for the offence
under Sections 8, 20(b)(ii)(B) and 25 of the N.D.P.S. Act.
Earlier the bail application of the petitioner was rejected vide
order dated 09.09.2025 passed in Cr. Misc. No. 61048 of 2025.
3. As per the prosecution case, 3.462 kg of ganja was
recovered from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
petitioner is in custody since 13.05.2025.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
Patna High Court CR. MISC. No.23828 of 2026(2) dt.01-05-2026
2/2
6. Considering the period of custody and delay in
trial, 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 Sessions Judge/ Special Judge, East
Champaran. Motihari/concerned Court below in connection
with Pipra P.S. Case No. 219 of 2025 (N.D.P.S. G.R. Case
No.71 of 2025) subject to the following conditions:-
(i) The petitioner after being released on bail, is
directed to mark his attendance at Pipra Police Station,
District- East Champaran on every Sunday of the month.
Any default in appearance at the Police Station will result
in cancellation of bail bonds of the petitioner.
(ii) the petitioner shall deposit an amount of Rs.
25,000/- in Ramkrishna Mission Ashrama, 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.
(Sandeep Kumar, J)
tusharika/-
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