Patna High Court
Ravi Kumar Gupta @ Ravi Gupta @ Ravi @ Manoj Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bihar Narcotic Substances (Control) Act — s. 103
- Narcotic Drugs and Psychotropic Substances Act — s. 22(b), 25, 29, 42, 50
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
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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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