Created by Fuzzy Cloud

Patna High Court

Raju SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.