Patna High Court
Bishwanath SinghversusThe state of bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the application for regular bail, releasing the petitioner on bond.
Summary
Bishwanath Singh, a 76‑year‑old man, was arrested in connection with a case (Jehanabad P.S. Case No. 715/2021) for alleged possession of 44.10 kg of ganja, recovered from another accused, Amit Kumar, who named Singh in his confessional statement. Singh filed a bail application asserting his innocence, clean antecedents, and advanced age, and offered to cooperate with the trial. The State opposed the bail, citing the seriousness of the offence under the NDPS Act. The Court considered Singh's age, health, and lack of prior record, and found no compelling reason to keep him in custody. Consequently, the Court granted regular bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the accused under the NDPS Act considering his age, health, and the nature of the evidence.
- Whether the confessional statement of another accused suffices to justify continued detention.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)(C), 8
Subjects
- bail
- NDPS Act
- drug possession
- age
- confessional statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28178 of 2026
Arising Out of PS. Case No.-715 Year-2021 Thana- JAHANABAD District- Jehanabad
======================================================
Bishwanath Singh S/O Late Kripal Singh Resident of village kalpa khurd,
P.S- Jehanabad, Dist- Jehanabad
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Jehanabad (Karauna) P.S. Case No. 715/2021 registered for the
offences punishable under Section 8/20 (B)(ii)(C ) of the
N.D.P.S. Act.
3. As per the prosecution case,44.10 kg of ganja was
recovered from one Amit Kumar.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that the said recovery was
made from one Amit Kumar who has named the petitioner in
his confessional statement. Learned counsel further submits that
petitioner is aged about 76 years and has clean antecedent and
Patna High Court CR. MISC. No.28178 of 2026(2) dt.24-04-2026
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he is in custody since 17.03.2026. The petitioner undertakes to
co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the age of the petitioner, 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 Principal District & Sessions Judge,
Jehanabad /concerned Court below in connection with
Jehanabad (Karauna) P.S. Case No. 715/2021.
(Sandeep Kumar, J)
tusharika/-
U T
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