Patna High Court
Harinath RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Harinath Roy, was implicated in a narcotics case where co‑accused recovered 1,026.28 grams of heroin and allegedly named him as a participant. He claimed innocence, stating no drugs were found on him, and highlighted that he has three prior criminal records, one of a similar nature, and has been in judicial custody since 19‑11‑2025. The State opposed his regular bail application, invoking the seriousness of the offence under sections 111 of the BNS and sections 8(c), 18(c), 21(c), 29 and 31 of the NFPS Act. The Court, after considering the facts, granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Sessions Judge. The bail order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the narcotics offence and his prior criminal antecedents.
Legislation cited
- BNS — s. 111
Subjects
- regular bail
- NDPS
- heroin seizure
- criminal antecedent
- Bihar High Court
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7311 of 2026
Arising Out of PS. Case No.-343 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Harinath Roy S/O Bira Ray R/O Vill.- Dipahi Dharharwa, P.S.- Chiraiya,
District- East champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 111 of the
BNS and Section 8 (c), 18 (c), 21(c), 29 and 31 of the NFPS
Act.
3. The case of the prosecution is that from the
possession of co-accused, namely, Lalita Devi and Baliram
Chourasia, altogether 1026.28 grams of ‘heroin’ was recovered.
It is further alleged that co-accused, Baliram Chourasia has
disclosed the name of other co-accused persons and the
petitioner is one amongst them.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.7311 of 2026(2) dt.06-02-2026
2/2
connection with the present case. It is further submitted that
nothing has been recovered from the possession of this
petitioner. It is further submitted that the petitioner has three
criminal antecedent, out of which, one is of a similar nature.
Moreover, the petitioner is languishing in judicial custody since
19.11.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Special Case No. 42A of 2025 arising
out of Kishanganj P.S. Case No. 343 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Sessions Judge cum
Special Judge, NDPS Act, Kishanganj.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
Checking your session…