Patna High Court
Ramesh guptaversusThe state of bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail in the NDPS case.
Summary
The petitioner, Ramesh Gupta, was named by a co-accused in a seizure of 2.43 kg of ganja under Sections 20(b)(ii)(B) and 29 of the NDPS Act. No contraband was recovered from his possession and he claims innocence, citing a prior acquittal in another case. He has been in judicial custody since 9 February 2026. The State opposed his regular bail application. The Court, after considering the facts, held that the petitioner is entitled to bail, noting the quantity is less than commercial and there is no direct evidence against him. He was released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 20(b)(ii)(B) and 29 of the NDPS Act
- Whether the quantity of narcotics seized warrants denial of bail
- Whether the petitioner’s prior criminal antecedent affects the bail decision
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 29
Subjects
- bail
- NDPS Act
- drug seizure
- regular bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28211 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- CHOUTARWA District- West Champaran
======================================================
Ramesh Gupta, S/O Sri Kashi Sah, Resident of village - Raibari Mahuawa
(Mahua), P.S- Chautarwa, Dist- West Champaran
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sagar Kumar, Advocate
Ms. Harsa Shashwat, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 20(b)(ii)(B)
and 29 of the N.D.P.S. Act.
3. The case of the prosecution, in short is that one
lady has thrown a bag and from the bag, altogether 2.430 Kg. of
ganja was recovered and she has named this petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Nothing has been recovered
from his possession. The recovery was made from the bag which
was thrown by co-accused Antima Devi and she has named this
Patna High Court CR. MISC. No.28211 of 2026(2) dt.04-05-2026
2/2
petitioner. It has further been submitted that the alleged recovery
is though more than small quantity but is much less than
commercial quantity. It has further been submitted that
petitioner is having criminal antecedent of one case in which he
has been acquitted. Moreover, he is languishing in judicial
custody since 09.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Chautarwa P.S. Case No. 61 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge under
NDPS Act, West Champaran at Bettiah.
(Ashok Kumar Pandey, J)
lata/-
U T
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