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Patna High Court

Ravi Kumar Gupta @ Ravi Gupta @ Ravi @ Manoj Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner with a bond of Rs.10,000, two sureties, and specific conditions of appearance and cooperation.

Summary

The petitioner, Ravi Kumar Gupta, was arrested in connection with a drug seizure case (Raxaul PS case No. 151 of 2025) involving large quantities of various narcotic substances. He sought bail, claiming false implication, lack of incriminating material in his possession, and non‑compliance with procedural requirements under the NDPS Act and the Bihar Narcotic Substances Act. The State opposed the bail, citing the seriousness of the offences under Sections 22(b), 25 and 29 of the NDPS Act and the petitioner’s six prior criminal antecedents. The Court noted that no contraband was recovered from the petitioner’s possession and that procedural safeguards under Sections 42, 50 of the NDPS Act and Section 103 of the BNSS Act had not been complied with. Accordingly, the Court granted bail subject to a Rs.10,000 bond, two sureties, and conditions of personal appearance and cooperation in the trial.

Issues considered

  • Whether bail should be granted to the accused in a case under Sections 22(b), 25 and 29 of the NDPS Act.
  • Whether the procedural requirements of Sections 42 and 50 of the NDPS Act and Section 103 of the Bihar Narcotic Substances Act have been complied with.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug seizure
  • procedural compliance
  • criminal antecedents
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65778 of 2025
                   Arising Out of PS. Case No.-151 Year-2025 Thana- RAXAUL District- East Champaran
                 ======================================================
                 Ravi Kumar Gupta @ Ravi Gupta @ Ravi @ Manoj Kumar Gupta S/o Ram
                 Swaroop Gupta @ Ram Swarup Gupta Resident of Village - Mauje Ward No.
                 20, P.S. - Raxaul, District - East Champaran
                                                                         ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhurendra Kumar, Advocate
                 For the Opposite Party/s :       Mr.Bishweshwar Ram, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   16-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                                2. The petitioner seeks bail in connection with Raxaul

                   P.S. case No. 151 of 2025 instituted for the offences under

                   Sections 22(b), 25 and 29 of the N.D.P.S. Act.

                                3. As per prosecution case, the police has recovered

                   Tramadus capsule 6600 pieces, Sampex Capsule 864 pieces,

                   Trarem 100-240 pieces, Nitravet-10 600 tablets, Onrex Syrup 6

                   pieces of 100 ml each, 5 empty bottles of Blendep Reserve

                   Whisky, Betzeeare-10 100 tablets i.e. intoxicant medicines and

                   syrup from the house of father-in-law of the petitioner.

                                4. Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case due

                   to oblique and ulterior motive. Charge-sheet has been submitted
Patna High Court CR. MISC. No.65778 of 2025(4) dt.16-01-2026
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          in this case. Petitioner is in custody since 09.04.2025 and has six

          criminal antecedents. There is no allegation of tampering of

          witnesses alleged against the petitioner. No incriminating

          material has been recovered from the conscious possession of

          the petitioner. He further submitted that except so-called

          disclosure made before the Police, which has no evidentiary

          value, there is no cogent materials against the petitioner. The

          other co-accused has been granted bail by this Court vide order

          dated 15.10.2025 passed in Criminal Miscellaneous No. 48665

          of 2025. There is no compliance of Sections 42 and 50 of the

          N.D.P.S. Act. There is also no compliance of Section 103 of the

          B.N.S.S.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, the period of custody undergone by the petitioner as

          also there being no recovery of incriminating/contraband from

          the possession of the petitioner, this Court is inclined to grant

          bail to the petitioner

                       7. Let the petitioner be released on bail, after framing

          of charge if not already framed, on furnishing bail bonds of

          Rs.10,000/- (Ten thousand) with two sureties of the like amount
           Patna High Court CR. MISC. No.65778 of 2025(4) dt.16-01-2026
                                                       3/3




                     each to the satisfaction of Court below/concerned Court in

                     connection with Raxaul P.S. case No. 151 of 2025, subject to the

                     following conditions;

                                  (i) One of the bailor(s) shall be the own/close family

                     members of the petitioner.

                                  (ii) The petitioner shall cooperate in the trial and shall

                     be properly represented on each and every date fixed by the

                     court and shall remain physically present as directed by the

                     Court and in the event of failure on two consecutive dates

                     without sufficient reasons, his bail bond shall be liable to be

                     cancelled by the court below.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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