Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted and dismissed the bail application.
Summary
The petitioner, Dharmendra Kumar, was arrested in connection with a case registered under Sections 8 and 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, after 20.642 kg of ganja was recovered from a house. The petitioner contended that he was falsely implicated, noting that no narcotic substances were found in his possession and that he has a prior criminal antecedent for which he is already on bail. He applied for regular bail, undertaking to cooperate with the trial, while the State opposed the bail on the ground of the large seizure and his antecedent. The Court, after considering the prosecution's case and the petitioner’s history, was not inclined to grant bail. Consequently, the bail application was dismissed, with a direction that the petitioner may renew the prayer if the trial is delayed.
Issues considered
- Whether bail should be granted to the accused under Sections 8 and 20(b)(ii)(c) of the NDPS Act in view of the large quantity of narcotics seized and the accused's prior criminal antecedent.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
Subjects
- bail
- NDPS Act
- drug seizure
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41282 of 2026
Arising Out of PS. Case No.-39 Year-2025 Thana- Bhatni District- Madhepura
======================================================
Dharmendra Kumar S/O Late Shyam Sunder Choudhary R/O Village - Barah
Kurba, ward no .- 15, P.S- Bhatni, district - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Abhijat, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Bhatni
P.S. Case No. 39/2025 registered for the offences punishable
under Sections 8 and 20(b)(ii)(c) of N.D.P.S. Act.
3. As per the prosecution case, 20.642 kg of ganja has
been recovered from a house.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has one criminal
antecedent in which he is on bail and he is in custody since
24.01.2026. The petitioner undertakes to co-operate in the case/
trial.
Patna High Court CR. MISC. No.41282 of 2026(2) dt.08-07-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the huge recovery and criminal
antecedent, this Court is not inclined to grant bail to the
petitioner.
7. Accordingly, this application stands dismissed.
8. If the trial is delayed, the petitioner may renew his
prayer for bail.
(Sandeep Kumar, J)
tusharika/-
U T
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