Patna High Court
Govind Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Govind Kumar Ram and Vidyanand Yadav, were arrested in connection with a case registered under Sections 80(c) and 21(b) of the NDPS Act, where 5.2 grams of smack was recovered from a main accused, not from the petitioners. They claimed innocence, clean antecedent, and offered to donate Rs.15,000 each to a charitable organization. The State opposed bail, but the Court, after considering the facts and the petitioners' willingness to furnish bail bonds and sureties, granted bail subject to a Rs.10,000 bond per petitioner, two sureties, a mandatory donation receipt, verification of antecedent, and monthly police‑station attendance. The order also stipulated that any default would lead to cancellation of bail and clarified that the order is limited to the bail application and does not prejudice the trial. The petition for bail was therefore allowed with conditions.
Issues considered
- Whether bail should be granted to accused under Sections 80(c) and 21(b) of the NDPS Act given the circumstances of the case.
- Whether the conditions imposed (bond, sureties, donation, antecedent verification, and periodic police attendance) are appropriate and lawful.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 80(c)
Subjects
- bail
- NDPS Act
- Section 80
- Section 21
- criminal procedure
- surety
- donation condition
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43635 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- MORKAHI District- Khagaria
======================================================
1. Govind Kumar Ram Son of Umesh Ram Resident of village - Gopalpur, Ps-
Husainganj, Dist- Siwan
2. Vidyanand Yadav Son of sukdeo Yadav Resident of village - Gopalpur, Ps-
Husainganj, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Advocate
For the State : Mr.Mohammed Arif, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Morkahi P.S. Case No. 79 of 2026 registered for the offence
punishable under Sections 80(c) and 21(b) of the NDPS Act.
3. As per the prosecution case, there is recovery of
5.2 gram of Smack.
4. It has been submitted by the learned counsel for the
petitioners that the petitioners are innocent and have falsely
been implicated in this case. Further, there is no recovery of any
contraband from the petitioner no. 1 and only one weighing
machine was seized from him and from petitioner no. 2
Patna High Court CR. MISC. No.43635 of 2026(2) dt.06-07-2026
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aluminum foil and pieces of glass have been recovered. The
petitioners are in custody since 12.05.2026 and claims clean
antecedent. The main accused from whose possession 5.2 grams
of smack have been recovered was granted bail by this Court
vide order dated 02.07.2026 passed in Cr. Misc. No. 43308 of
2026.
5. Learned counsel for the petitioners submits that the
petitioners are ready to donate Rs. 15,000/- each in some
charitable organization without accepting their guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioners.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the petitioners, let the
petitioners, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned Special
Judge (NDPS Act), Khagaria/concerned Court below in
connection with Morkahi P.S. Case No. 79 of 2026.
8. This is also subject to the condition that the
petitioners shall deposit an amount of Rs. 15,000/- each in
Ramakrishna Mission Ashrama, Ramakrishna Avenue, Nala
Road Patna, Bihar and produce the receipt of the same before
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the Court below. The bail bonds of the petitioners shall be
accepted after verifying the genuineness of the receipt produced
by the petitioners.
9. As the petitioners claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioners are directed to verify the antecedent of the
petitioners. If the petitioners are found to be involved in any
other case then the bail bonds of the petitioners shall not be
accepted.
10. As a condition of this order, the petitioners after
being released on bail is directed to mark their attendance at
Husainganj Police Station, District- Siwan on the first and third
Sunday of each month. Any default in appearance at the police
station will result in cancellation of bail bonds of the petitioners.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioners at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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