Patna High Court
Deepak Singh @ Deepak Kumar Prasad @ Deepak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with a bond and sureties, subject to a condition of non‑repetition.
Summary
The petitioner, Deepak Singh, was arrested in connection with a case registered under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of various narcotic preparations recovered from co-accused Md. Salamat Darji. The petitioner contended that he was falsely implicated, asserting that none of the seized items were found in his possession and that the co-accused merely named him without basis. The State opposed bail, highlighting the petitioner’s prior criminal antecedents involving similar offences. After hearing both sides, the Court considered the circumstances, including the lack of direct recovery from the petitioner and his claim of innocence. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to a condition that he not engage in similar offences in the future. The bail order was directed to be implemented by the Additional District Judge‑IV, Madhubani.
Issues considered
- Whether the petitioner is entitled to bail under Sections 20 and 22 of the NDPS Act despite the alleged possession of narcotic substances and prior criminal antecedents.
Legislation cited
Subjects
- bail
- NDPS Act
- drug possession
- criminal antecedent
- co‑accused
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4550 of 2026
Arising Out of PS. Case No.-16 Year-2025 Thana- HARLAKHI District- Madhubani
======================================================
Deepak Singh @ Deepak Kumar Prasad @ Deepak Kumar Singh, Son of
Ram Bahadur Mahto @ Ram Bahadur Singh@ Ram Bahadur Prasad Singh,
R/o village - Pipraun , P.S. - Harlakhi, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav, Advocate
Mr. Vinod Kumar, Advocate
Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Harlakhi P.S. Case No. 16 of 2025 registered for the offence
punishable under Sections 20 and 22 of the NDPS Act.
3. The case of the prosecution, in short, is that from the
possession of one Md. Salamat Darji, altogether 10 bottles (100 ml
each) of Triprolidine Hydrochoride and Codeine Phosphat Cough
Syrup, 20 bottles (100 ml each) of Cough Linctus Cough Syrup,
59 tablets of Nitrazepam IP-10MG and 48 capsule of Spasmo-
Proxyvon Plus were recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. His name was
Patna High Court CR. MISC. No.4550 of 2026(2) dt.06-02-2026
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disclosed by co-accused Md. Salamat Darji who has stated that he
was carrying all this to the petitioner. Nothing has been recovered
from his possession. The recovery has been made from the
possession of Md. Salamat Darji and he has named this petitioner
in this case without any basis. Petitioner is languishing in judicial
custody since 11.12.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail and has submitted that petitioner
is having criminal antecedent of two cases of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned A.D.J.-IV,
Madhubani in connection with Harlakhi P.S. Case No.16 of 2025
with the condition that petitioner shall not indulge in similar
nature of offence in future.
(Ashok Kumar Pandey, J)
lata/-
U T
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