Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to verification of clean antecedent, a Rs 25,000 charitable donation, a bail bond of Rs 10,000 with two sureties, and mandatory weekly police‑station attendance.
Summary
The petitioner, Jitendra Kumar, was arrested on 8 November 2025 for possession of 8 gm of "smack" under sections 21(a) and 22(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He applied for regular bail, claiming innocence, a clean criminal record, and offering to donate Rs 25,000 to a charitable organization. The State opposed the bail. The Patna High Court, after considering the facts and the petitioner's submissions, allowed the bail application, directing the lower court to accept a bail bond of Rs 10,000 with two sureties, verify the petitioner’s clean antecedent, and require a Rs 25,000 donation to the Ramakrishna Mission Vidyapit with proof of receipt. Additional conditions included the petitioner’s attendance at the Industrial Area Police Station every Sunday, failure of which would lead to bail cancellation. The order thus granted bail subject to these conditions.
Issues considered
- Whether bail should be granted to a person accused under sections 21(a) and 22(c) of the NDPS Act in the circumstances of the case.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(a), 22(c)
Subjects
- bail
- NDPS Act
- section 21
- section 22
- criminal antecedent
- charitable donation
- surety
- police attendance
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.682 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- INDUSTRIAL District- Bhagalpur
======================================================
Jitendra Kumar Son of Late Lakhan Mandal Resident of village - Naya Tola
Mirachak, P.S.- Industrial Area, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Ms.Anita Kumari, 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
Industrial Area P.S. Case No. 169 of 2025 registered for the
offence under sections 21(a) and 22(c) of N.D.P.S. Act.
3. The recovery is of 8 gm of smack from the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has no criminal antecedent. He further
submits that the petitioner is in custody since 08.11.2025
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
Patna High Court CR. MISC. No.682 of 2026(4) dt.09-04-2026
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6. Learned APP appearing for the State opposes the
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 and Sessions Judge,
Bhagalpur/ concerned Court below, in connection with
Industrial Area P.S. Case No. 169 of 2025.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
10. 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
Patna High Court CR. MISC. No.682 of 2026(4) dt.09-04-2026
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the receipt produced by the petitioner.
11. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Industrial Area 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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