Patna High Court
Ravi Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed.
Summary
The petitioner, Ravi Shankar Kumar, was arrested in connection with a case alleging possession of 35.34 grams of a narcotic substance, contravening Sections 8(c) and 21(b) of the NDPS Act. He claimed a clean antecedent and asserted that he was falsely implicated, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. After considering the facts, the court allowed the bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to comply with specific conditions, including the charitable donation, monthly police station attendance, and verification of his antecedent. The court emphasized that its observations were prima facie and would not affect the trial's merits.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for the alleged possession of narcotic substances.
- Whether the court may impose conditions such as a charitable donation and periodic police station attendance as part of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- regular bail
- criminal procedure
- conditions of bail
- possession of narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43893 of 2026
Arising Out of PS. Case No.-206 Year-2026 Thana- RAJAPAKAR District- Vaishali
======================================================
Ravi Shankar Kumar S/o Kapil Dev Thakur R/o Village - Chechak @
Chechar, P.S - Bidupur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar
For the Opposite Party/s : Mr. Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Rajapakar P.S. Case No. 2060 of
2026, registered for offences punishable under Sections 8(c) and
21(b) of the NDPS Act.
3. As per the prosecution case, 35.34 gram of smack
was recovered from the vehicle in question. The petitioner is in
custody since 26.04.2026 and claims clean antecedent.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand only) to a charitable
Patna High Court CR. MISC. No.43893 of 2026(2) dt.08-07-2026
2/3
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody and the submissions advanced on
behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Rajapakar P.S. Case
No. 206 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Ashrama, Ramakrishna
Avenue, Nala Road, Patna, Bihar and shall
produce a valid receipt thereof before the court
below. The bail bonds shall be accepted only after
verification of the genuineness of the said receipt.
(ii). The petitioner shall mark his
attendance at Bidupur Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
(iii) At the time of accepting the bail
Patna High Court CR. MISC. No.43893 of 2026(2) dt.08-07-2026
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bonds of the petitioner, the court below shall verify
whether the petitioner has a clean antecedent. The
bail bonds shall be accepted only if it is found that
the petitioner has a clean antecedent. However, it
is made clear that the acceptance of the bail bonds
shall not be delayed on the ground of, or in the
name of, such verification. During the process of
verification, the petitioner shall be released on
interim bail and upon completion of the
verification, the court below shall pass an
appropriate order in accordance with law.
8. 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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