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Patna High Court

Dhiraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding no material to invoke the Section 37 bar and noting non‑compliance with Sections 42 and 50 of the NDPS Act.

Summary

The petitioner, Dhiraj Kumar, was arrested in connection with a raid that uncovered large quantities of heroin and live cartridges, leading to charges under multiple sections of the NDPS Act and the Arms Act. The FIR alleged that co-accused individuals were involved in the illegal sale of heroin, but no contraband was found in the petitioner's conscious possession. The petitioner, claiming innocence and no prior criminal record, sought bail, arguing that the absence of seized material from him negated the bar under Section 37 of the NDPS Act and that procedural requirements of Sections 42 and 50 were not met. The State opposed the bail application. After considering the facts, the court held that bail could be granted as the petitioner was not found in possession of the narcotics, and imposed standard bail conditions. Consequently, the petitioner was released on bail upon furnishing a bond and sureties, with conditions for appearance and potential cancellation.

Issues considered

  • Whether bail can be granted under the NDPS Act when no narcotic contraband is recovered from the accused's conscious possession.
  • Whether the bar under Section 37 of the NDPS Act applies in the present facts.
  • Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with.
  • Whether the petitioner is entitled to bail despite charges under the Arms Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • heroin
  • Arms Act
  • Section 37
  • Section 42
  • Section 50
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4514 of 2026
                  Arising Out of PS. Case No.-898 Year-2024 Thana- SASARAM NAGAR District- Rohtas
                 ======================================================
                 Dhiraj Kumar Son of Bhola Chandravanshi Resident of Mohalla -
                 Mubarakganj Sasaram Police Station Sasaram (Town), District - Rohtas.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Vaishnavi Singh, Advocate
                                                 Mr. Ajay Kumar Thakur, Advocate
                                                 Mr.Raghunandan Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Rajendra Nath Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in Sasaram Town P.S.

                   Case No. 898 of 2024 instituted for the offences under Sections

                   21, 23, 25, 25A, 27(a), 29, 30 & 32 of the NDPS Act and 25(1-

                   b)a, 26 & 35 of the Arms Act.

                                 3. As per FIR, the informant has alleged that on

                   01.11.2024 at about 5 0' clock, on the basis of secret

                   information, he along with others raided in the house of Rohan

                   Chandravanshi. On seeing the police, one person tried to flee

                   away, who was caught. On query, he disclosed his name

                   Altumas and also disclosed that he and his associates Rohan

                   Kumar @ Rohan Chandravanshi, Vikas Kumar @ Appu, Anurag
Patna High Court CR. MISC. No.4514 of 2026(2) dt.28-01-2026
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          Raj were illegally selling heroin in Sasaram locality. It is further

          alleged that on raiding the house of Rohan, informant caught

          Rohan Kumar @ Rohan Chandravanshi, Gandhi Kumar, Yash

          Kumar, Kundan Kumar and Vicky Kumar @ Mangru. During

          search, 930 grams, 722 grams and 233 grams heroin along with

          live cartridges etc. have been recovered from various places at

          the instance of accused persons.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. The petitioner is in custody since 02.11.2024 and

          has no criminal antecedent. There is no allegation of tampering

          of witnesses alleged against the petitioner. Learned counsel

          further submits that although huge amount of contraband has

          been recovered but the same has been recovered from co-

          accused persons and, in fact, no recovery of contraband has

          been made from the conscious possession of the petitioner. Even

          though, if the recovery is taken on its face value, there is

          recovery of 223 grams heroine from possession of co-accused,

          namely, Rohan, hence, there is no bar under Section 37 of the

          NDPS Act. There is no compliance of Sections 42 & 50 of the

          NDPS Act. Learned counsel for the petitioner further submits

          that other co-accused Anuraj Raj has been granted bail by this
           Patna High Court CR. MISC. No.4514 of 2026(2) dt.28-01-2026
                                                       3/3




                     Court vide order dated 29.08.2025 passed in Cr. Misc. No.

                     22470 of 2025.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and since nothing has been recovered from the

                     conscious possession of the petitioner, this Court is inclined to

                     grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sasaram Town P.S.

                     Case No. 898 of 2024, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T


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