Patna High Court
Raj Kumar @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner with specified monetary and attendance conditions.
Summary
The petitioner, Raj Kumar, was arrested in connection with a case under sections 8(C) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act for the recovery of 100 grams of brown sugar from a motorcycle. He had been in custody since 29 September 2025 and claimed innocence despite having two prior criminal antecedents. The petitioner applied for regular bail, offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail, but the court, after considering the facts and submissions, allowed the bail application. The court ordered a bail bond of Rs.10,000 with two sureties, required the donation of Rs.25,000 to the Ramakrishna Mission Vidyapit with proof, and mandated the petitioner’s attendance at the police station every Sunday, with non‑compliance leading to cancellation of bail.
Issues considered
- Whether regular bail should be granted in an NDPS case under sections 8(C) and 21(b) given the petitioner’s custody, antecedents, and the nature of the seized contraband.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(C)
Subjects
- bail
- NDPS Act
- regular bail
- conditions of bail
- criminal antecedents
- donation condition
- police attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.551 of 2026
Arising Out of PS. Case No.-130 Year-2025 Thana- Lalmatia District- Bhagalpur
======================================================
Raj Kumar @ Raja Kumar Son of Late Mahesh Chaudhary Resident of
village - Pasi Tola, P.S.- Lalmatiya, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks regular bail in connection with
Lalmatiya P.S. Case No. 130 of 2025 registered for the offence under
sections 8(C )/21(b) of NDPS Act.
3. The recovery is of 100 gms of brown sugar from a
motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has two criminal antecedents. He further
submits that the petitioner is in custody since 29.09.2025 without any
fault.
5. Learned counsel for the petitioner also submits that the
petitioner is ready to donate Rs.25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.551 of 2026(4) dt.09-04-2026
2/2
prayer of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case as
well as the submissions of learned counsel for the petitioner, this
application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the satisfaction of
learned Principal District Sessions Judge, Bhagalpur/ concerned
Court below, in connection with Lalmatiya P.S. Case No. 130 of
2025.
9. This is also subject to the condition that the petitioner
shall deposit an amount of Rs. 25,000/- in Ramakrishna Mission
Vidyapit, Ramkrishna Nagar, P.O.- Vidyapith, Dist- Deoghar,
Jharkhand and produce the receipt of the same before the Court
below. The bail bonds of the petitioner shall be accepted after
verifying the genuineness of the receipt produced by the petitioner.
10. As a condition of this order, the petitioner after being
released on bail, is directed to mark his attendance at Lalmatiya
Police Station, District- Bhagalpur on every Sunday of the month.
Any default in appearance at the Police Station will result in
cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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