Patna High Court
Raju SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner with a bond of Rs.10,000 and specific conditions.
Summary
The petitioner, Raju Singh, was arrested in connection with a case under Section 20(b)(ii)(B)/29 of the NDPS Act after 6.155 kg of ganja was recovered from his backpack, while a co-accused had 6.135 kg recovered and was already on bail. The petitioner sought regular bail, citing that he had previously been granted anticipatory bail by a coordinate bench of the same court and that no contraband was recovered in that earlier case. The State opposed bail, arguing the petitioner’s criminal antecedent of a similar nature. The court noted that the quantity seized was far below commercial quantity, the charge‑sheet had been filed, and the petitioner had been in custody since 23‑12‑2025. Considering these factors, the court ordered bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding surety relations and physical presence in court. The bail order was subject to cancellation if the petitioner missed two consecutive court dates without sufficient cause.
Issues considered
- Whether bail should be granted to the accused under Section 20(b)(ii)(B)/29 of the NDPS Act given the quantity of narcotics seized and prior criminal antecedent
- Whether the prior grant of anticipatory bail influences the present bail application
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 29
Subjects
- bail
- NDPS Act
- narcotics
- quantity of contraband
- anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28675 of 2026
Arising Out of PS. Case No.-98 Year-2025 Thana- Karnamepur District- Bhojpur
======================================================
Raju Singh S/O Baji Nath Singh @ Baijnath Singh Resident Of Village-
Makhdumpur, Police Station- Behiya, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No.1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 10-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 20(b) (ii) (B)/29 of the
NDPS Act.
3. As per the prosecution case, 6.135 kgs of Ganja
was recovered from the co-accused, Nand Gopal Sharma and
6.155 kgs of Ganja was recovered from the backpack of the
petitioner.
4. It is submitted by learned counsel for the
petitioner that the co-accused, Nand Gopal Sharma from whom
6.135 kgs of Ganja was recovered has already been granted bail
by the learned Court below but the prayer for bail of the
petitioner was rejected on the ground that the petitioner has one
Patna High Court CR. MISC. No.28675 of 2026(3) dt.10-06-2026
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criminal antecedent of similar nature of the offence. Learned
counsel for the petitioner has pointed out that in earlier case
lodged against the petitioner, he has already been granted the
privilege of anticipatory bail by a coordinate Bench of this
Court vide order dated 17.07.2025 passed in Cr. Misc. No.45107
of 2025 (Annexure-P/3 to this application) as no recovery was
made from the petitioner in the said case. It is further submitted
that recovered contraband is of intermediary quantity, much less
than of commercial quantity. The petitioner has been
languishing in custody since 23.12.2025 and charge-sheet has
already been submitted.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and circumstances
of the case and also considering the fact that the recovered
contraband is much less than the commercial quantity and
charge-sheet has been submitted in this case, the above named
petitioner is directed to be enlarged on bail 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 Court
below where the case is pending/successor Court in connection
with Karnamepur P.S. Case No.98 of 2025, subject to the
Patna High Court CR. MISC. No.28675 of 2026(3) dt.10-06-2026
3/3
conditions that :
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
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