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Patna High Court

Sarobar Singh @ RamsarobarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the basis of his age, clean antecedent, and the circumstances of the alleged offence.

Summary

The petitioner, a 70‑year‑old man with no prior criminal record, was implicated in an excise case (Nawada Excise P.S. Case No. 59 of 2025) for alleged possession of three ganja plants, alleged violations of sections 20(a), 44 and 46 of the NDPS Act. He contended that the plants had grown spontaneously on his land and that he was not cultivating them. The State sought his arrest, while the petitioner applied for bail, emphasizing his advanced age and clean antecedent. The Court considered these mitigating factors and the nature of the alleged offence. Accordingly, the Court allowed the bail application, directing the lower court to release the petitioner on a Rs 10,000 bond with two sureties, subject to verification of his antecedent and the conditions of CrPC section 438(2) and BNSS section 482.

Issues considered

  • Whether bail should be granted to an elderly accused with a clean antecedent in a case under sections 20(a), 44 and 46 of the NDPS Act where the alleged contraband allegedly grew spontaneously.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • age as mitigating factor
  • clean antecedent
  • spontaneous growth of plants
  • excise case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50494 of 2025
                       Arising Out of PS. Case No.-59 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Sarobar Singh @ Ramsarobar S/o Binda Singh R/o village - Bhelu Bigha,
                 P.S.- Hisua, Distt.- Nawada
                                                                        ... ... Petitioner
                                               Versus

           1.    The State of Bihar
           2.    The Superintendent, Narcotics Drugs and Psychotropic Substances Act,
                 Bihar, Patna

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner        :        Mr. Sunil Kumar, Advocate
                 For the State             :        Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   19-02-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                      2.       The petitioner apprehends his arrest in

                   connection with Nawada Excise P.S. Case No.59 of 2025 for the

                   offence under sections 20(a), 44 and 46 of the N.D.P.S. Act.

                                      3.       It is alleged that three plants of ganja have

                   been recovered from the land of the petitioner.

                                      4.       It has been submitted by learned counsel for

                   the petitioner is aged about 70 years and has clean antecedent. It

                   has also been submitted by learned counsel for the petitioner

                   that the ganja was not being cultivated by the petitioner and

                   some plants have grown of their own for which the petitioner

                   cannot be held responsible.
              Patna High Court CR. MISC. No.50494 of 2025(3) dt.19-02-2026
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                                        5.      Considering the submissions advanced by

                        learned counsel for the petitioner, the age of the petitioner and

                        also the fact that he has clean antecedent, this bail application is

                        allowed.

                                        6.      Let the petitioner, above named, in the event

                        of his arrest or surrender before the concerned Court below

                        within six weeks from today, be released on bail on furnishing

                        bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                        the like amount each to the satisfaction of the learned concerned

                        Court below, in connection with Nawada Excise P.S. Case

                        No.59 of 2025, subject to the conditions laid down in section

                        438(2) of the Code of Criminal Procedure, 1973 / section 482 of

                        the BNSS.

                                        7.      At the time of accepting the bail bonds of the

                        petitioner, the court below shall verify the antecedent of the

                        petitioner. The bail bonds of the petitioner shall only be

                        accepted if it is found that he has clean antecedent.



                                                                (Sandeep Kumar, J)

pawan/-

U         T


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