Patna High Court
Sarobar Singh @ RamsarobarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances (BNSS) Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(a), 44, 46
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
2/2
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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