Patna High Court
Rajesh Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was not granted; the bail application was dismissed.
Summary
The petitioner, Rajesh Kumar Jha, applied for regular bail in a case registered under Sections 8(c), 21(b) and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged sale and smuggling of 72.33 grams of smack and an electronic weighing machine. The prosecution alleged that the petitioner was directly involved in the drug transaction, and the seized contraband indicated a serious offence. The petitioner had been in custody since 6 May 2026. The Court examined the gravity of the offence, the quantity of narcotics recovered, and the seriousness of the charges. Concluding that the material on record showed prima‑facie involvement in a grave offence, the Court declined to grant regular bail. Consequently, the bail application was dismissed, with the Court noting that its observations were limited to the bail matter and would not affect the trial’s merits.
Issues considered
- Whether regular bail should be granted to an accused under Sections 8(c), 21(b) and 25 of the NDPS Act given the seriousness of the offence and the seizure of narcotics.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 25, 8(c)
Subjects
- regular bail
- NDPS Act
- drug trafficking
- section 8(c)
- section 21(b)
- section 25
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42432 of 2026
Arising Out of PS. Case No.-124 Year-2026 Thana- SIMRAHA District- Araria
======================================================
Rajesh Kumar Jha S/o Krishnadeo Jha @ Nunu Jha Resident of Village-
Khawaspur, Ward No. 01, P.S.- Simraha, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha
For the Opposite Party/s : Mr. Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Simraha P.S. Case No. 124 of 2026 registered for the offence
under Sections 8(c), 21(b) and 25 of the NDPS Act.
3. As per the prosecution case, the allegation against
the petitioner is that he was involved in the sale and smuggling
of smack. A total of 72.33 grams of smack along with an
electronic weighing machine was recovered from his
possession.
4. The petitioner is in custody since 06.05.2026. The
allegations levelled against him are serious and grave in nature.
Prima facie, the material available on record indicates his
involvement in the commission of the alleged offence.
Patna High Court CR. MISC. No.42432 of 2026(2) dt.29-06-2026
2/2
5. Considering the nature and the gravity of the
offence as well as the recovery of smack, this Court is not
inclined to grant regular bail to the petitioner.
6. Accordingly, this application for regular bail stands
dismissed.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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