Patna High Court
Naresh Das @ Naresh PrasadversusThe Union of India through the S.S.B, East Champaran, Motihari
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
Naresh Das was arrested in connection with a case under the NDPS Act where 8 kg of ganja was allegedly recovered from a motorcycle he was driving. He contended that he was falsely implicated, that the seized contraband was not found on his person or the vehicle, and that the motorcycle did not belong to him. The petitioner, who had been in custody since 25‑12‑2025 and had no prior criminal record, applied for regular bail under sections 8, 20(b)(ii)(b) and 25 of the NDPS Act. The Sashastra Seema Bal opposed bail, arguing that the arrest occurred on the spot at the Indo‑Nepal border and therefore bail should not be granted. The court, after considering the nature of the allegation, the length of custody, the conclusion of the investigation and the petitioner’s clean record, ordered that bail be granted on a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Sessions/Special Judge.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the seriousness of the alleged drug offence.
- Whether the circumstances of an on‑the‑spot arrest at the Indo‑Nepal border preclude the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(b), 25, 8
Subjects
- NDPS Act
- bail
- drug trafficking
- false implication
- border seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28595 of 2026
Arising Out of PS. Case No.-333 Year-2025 Thana- JITNA District- East Champaran
======================================================
Naresh Das @ Naresh Prasad S/o Jadu Lal Ray @ Jadulal Roy Resident of
Village - Bijbani, P.S. - Jitna, District - East Champaran
... ... Petitioner/s
Versus
1. The Union of India through the S.S.B, East Champaran, Motihari Bihar
2. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the S.S.B : Mr. Arvind Kumar, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-07-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Jitna P.S. Case no.333 of
2025 (N.D.P.S G.R Case no.183 of 2025) registered under
sections 8, 20(b)(ii)(b) and 25 of the NDPS Act.
3. As per the prosecution case, 8 kgs of ganja was
recovered from the motorcycle being driven by the petitioner
and he was taken into custody.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article has been recovered either from his
possession or the motorcycle in question. The motorcycle does
not belong to the petitioner. He is in custody since 25.12.2025
and has no criminal antecedent. Chargesheet has been submitted
Patna High Court CR. MISC. No.28595 of 2026(4) dt.01-07-2026
2/2
in the case.
5. The application for bail is opposed by learned
counsel appearing for the Sashastra Seema Bal (SSB). Referring
to the counter affidavit filed, it is submitted that the petitioner
was apprehended on the spot along with ganja. The said
apprehension having taken place at the Indo-Nepal border, in the
facts of the case, the petitioner should not be enlarged on bail.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the FIR together with the petitioner having
remained in custody since 25.12.2025, investigation in the case
having concluded and especially the petitioner not having any
criminal antecedent, the petitioner is directed to be enlarged on
bail in connection with Jitna P.S. Case no.333 of 2025 (N.D.P.S
G.R Case no.183 of 2025) on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Sessions
Judge/Special Judge, East Champaran, Motihari.
(Partha Sarthy, J)
Shiv/-
U T
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