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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs 10,000 and two sureties.

Summary

The petitioner, Raushan Kumar, was arrested on 8 August 2025 in Karja police station for possession of 23 grams of a smack‑like substance and a loaded country‑made pistol, offences punishable under Sections 8(c) and 21 of the NDPS Act and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution alleged that the contraband was recovered from his possession, while a co‑accused, Dharmendra Kumar, had already been granted bail in a related case. The petitioner argued that the quantity seized was below commercial quantity, he had clean antecedents, and that his co‑accused had been released on bail. The State opposed bail, contending the seriousness of the offences. After considering the facts, the court held that bail could be granted on condition of a Rs 10,000 bond with two sureties, and ordered his release.

Issues considered

  • Whether bail should be granted in offences under the NDPS Act and Arms Act when the seized quantity is less than commercial quantity and the accused has a clean antecedent record
  • Whether the grant of bail to a co‑accused in a related matter influences the bail decision for the petitioner

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Arms Act
  • narcotics
  • firearms
  • criminal procedure
  • quantity less than commercial
  • clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5362 of 2026
                      Arising Out of PS. Case No.-228 Year-2025 Thana- KARJA District- Muzaffarpur
                 ======================================================
                 Raushan Kumar, male, aged about 23 years, S/O Sambhu Sahani @ Shambhu
                 Sahani, R/o Village- Gavasra, P.S.- Karja, Dist.- Muzaffarpur
                                                                              ... ... Petitioner/s

                                                        Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anuj Kumar, Advocate
                 For the Opposite Party/s :        Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   26-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Karja

                   PS Case No.228 of 2025 dated 08.08.2025, instituted for the

                   offence punishable under Sections 8(c) and 21 of the Narcotics

                   Drugs and Psychotropic Substances Act, and Sections 25(1-B)

                   (a), 26 and 35 of the Arms Act.

                                3. The prosecution case, in brief, is that the police

                   apprehended two persons and 23 Gr. Smack like substance and

                   one loaded country-made pistol was recovered from the

                   possession of the petitioner and 21.640 Gr. Smack like

                   substance was recovered from the possession of Dharmendra

                   Kumar.

                                4. Learned counsel for the petitioner submits that co-
            Patna High Court CR. MISC. No.5362 of 2026(3) dt.26-02-2026
                                                        2/2




                      accused, Dharmendra Kumar, from whose possession 21.640

                      Gr. Smack like substance was recovered has been granted bail

                      by a co-ordinate Bench of this Court vide order dated

                      03.12.2025 passed in Cr. Misc. No.82473 of 2025. Further

                      submission is that recovered contraband from the possession of

                      the petitioner is less than commercial quantity. Lastly, it is

                      submitted that the petitioner is in custody since 08.08.2025

                      having clean antecedents.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties, let

                      the petitioner be released on bail upon furnishing bail bonds of

                      Rs. 10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of the Exclusive Special Court-II

                      (NDPS), Muzaffarpur, in Karja PS Case No.228 of 2025.

                                   7. The application stands allowed.


                                                               (Khatim Reza, J)
J. Alam/-

U      T


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