Patna High Court

Bhim SubediversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The Court held that the petitioner is eligible for bail, subject to a bond of Rs.10,000, two sureties, and compliance with specified conditions.

Summary

The petitioner, Bhim Subedi, sought regular bail in a case (Sonbarsa P.S. Case No. 80 of 2025) involving alleged smuggling of 27 kg of ganja from Nepal, charged under Sections 8 and 20 of the NDPS Act. The prosecution alleged that the informant’s team intercepted the shipment and recovered the narcotics, while the petitioner claimed innocence, no conscious possession, and a clean record. The petitioner highlighted that co‑accused Naveen Bhandari and Sujan Manjhi had been granted bail in a similar case. The State opposed bail. The Court, after considering the facts, directed that bail be granted on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation and verification of any other criminal antecedents.

Issues considered

Whether the petitioner is entitled to regular bail under the NDPS Act for the alleged offences
Whether the bail conditions imposed are appropriate and lawful
Whether the grant of bail to co‑accused in a similar case influences the petitioner's bail application

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b), 20(c), 20(ii), 8

Subjects

regular bail
NDPS Act
narcotics smuggling
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67288 of 2025
                      Arising Out of PS. Case No.-80 Year-2025 Thana- SONBERSA District- Sitamarhi
                 ======================================================
                 Bhim Subedi S/o Ram Krishna Subedi R/o Village- Hari Yon Ward No. 03,
                 P.S.- Sindhuli, District- Sarlahi (Nepal)               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Uday Kumar
                 For the Opposite Party/s :        Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   12-01-2026                   Heard the learned counsel for the petitioner as well as

                   the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Sonbarsa P.S. Case No. 80 of 2025, registered for the

                   offences punishable under Sections 8, 20(b), (ii), © of the NDPS

                   Act.

                                3. The case of the prosecution, in short, is that, the

                   informant had received information that ganja is to be smuggled

                   from Nepal to India. For verification of the said information, the

                   informant along with his associates reached the place and

                   apprehended them. On being searched, 27 kg of ganja like

                   substance was recovered from the gunny bags.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. He has further submitted that nothing was recovered

                   from the conscious possession of the petitioner. He is a person of

                   clean antecedents and has been in custody since 03.03.2025. He
           Patna High Court CR. MISC. No.67288 of 2025(2) dt.12-01-2026
                                                       2/2




                     has also submitted that, on exactly similar footing, co-accused

                     persons namely, Naveen Bhandari and Sujan Manjhi have been

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

                     02.12.2025 in Cr. Misc. No. 66196 of 2025.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                  6.   Considering        the    above-mentioned   facts   and

                     circumstances, let the petitioner above-named, is directed to

                     furnish bail bond and on doing so, the court below shall release the

                     petitioner on bail on furnishing bail bonds of Rs.10,000/- with

                     two sureties of the like amount each to the satisfaction of learned

                     Sessions Judge-cum-Special Judge (NDPS Act), Sitamarhi in

                     connection with Sonbarsa P.S. Case No. 80 of 2025, subject to the

                     following conditions that the petitioner shall cooperate in the

                     disposal of trial and make himself available as and when required

                     by the court.

                                  7. Before accepting the bail bond, the learned court

                     below shall verify the criminal antecedent of the petitioner and

                     if it is found that he is involved in any other case except the

                     present one, his bail bond shall not be accepted.


                                          (Nawneet Kumar Pandey, J)
Nirmal/-
U      T

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