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Patna High Court

Aditya Kumar Pandey @ Rishu Pandey @ Aditya PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that regular bail may be granted despite the petitioner’s involvement in another NDPS case, provided strict conditions of attendance and cooperation are imposed.

Summary

The petitioner, Aditya Kumar Pandey, was arrested in August 2022 and charged under the Arms Act (Sections 25(1‑b)a, 26, 35) and the NDPS Act (Sections 8, 20(b)(ii)(b), 22) for possession of a pistol, live cartridges and 1.5 kg of ganja. He applied for regular bail for the first time, which was granted on 14‑08‑2024, but the bail bond was later rejected after the trial court discovered his involvement in another NDPS case. The petitioner filed a second bail application, claiming false implication and a clean antecedent, while the State opposed the relief. The High Court examined whether the existence of a prior NDPS case barred the grant of bail and considered the need for strict conditions to ensure his appearance. Finding that the petitioner’s continued custody was unwarranted and that conditions could safeguard the trial, the Court allowed the bail application with attendance and cooperation requirements. Consequently, the petitioner was released on bail upon furnishing a Rs 10,000 bond with two sureties and complying with the stipulated conditions.

Issues considered

  • Whether regular bail can be granted to an accused who has a pending case under the NDPS Act.
  • Whether the verification of criminal antecedents justifies refusal of bail.
  • Whether imposing conditions of police‑station attendance and trial cooperation is appropriate.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • NDPS Act
  • criminal antecedent
  • bail conditions
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75391 of 2025
                      Arising Out of PS. Case No.-502 Year-2023 Thana- SIWAN CITY District- Siwan
                 ======================================================
                 Aditya Kumar Pandey @ Rishu Pandey @ Aditya Pandey S/o Vidhashankar
                 Pandey @ Munna Pandey R/o Village - Dhamaikhor, P.S _ Asanwa, District -
                 Siwan

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prince Kumar Mishra
                 For the Opposite Party/s :        Dr. Mrityunjaya Kr.Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   16-01-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner for regular

                   bail in connection with Siwan Town P.S. Case No. 502 of 2023

                   registered for the offence under Sections 25(1-b)a, 26 and 35 of

                   the Arms Act, Sections 8, 20(b)(ii)(b) and 22 of the NDPS Act.

                                3. Earlier the bail application of the petitioner was

                   allowed on 14.08.2024 in Cr. Misc. No. 55740 of 2024, which

                   reads thus:-

                                                        Heard learned counsel for the
                                              petitioner and learned Additional Public
                                              Prosecutor for the State.
                                                        2. The petitioner seeks bail in
                                              connection with Siwan Town P.S. Case No.
                                              502/2023 registered for the offence punishable
                                              under Sections 25(1-b)a, 26/35 of the Arms Act
                                              and Sections 8/20(b) (ii) (b), 22 of the NDPS
Patna High Court CR. MISC. No.75391 of 2025(3) dt.16-01-2026
                                            2/4




                                  Act.
                                              3. One countrymade pistol and two
                                  live cartridges as well as 1.5 Kgs. of Ganja have
                                  been recovered from the possession of the
                                  petitioner.
                                              4. Learned counsel for the petitioner
                                  submits that the petitioner has been falsely
                                  implicated in this case. He further submits that
                                  the petitioner has no concern with the alleged
                                  recovery. He further submits that the petitioner
                                  is not an accused in any similar case. The
                                  petitioner is in jail since 28.08.2022 and
                                  remanded in this case on 27.09.2023.
                                              5. Considering the period of custody,
                                  let the petitioner above named be released on
                                  bail, on furnishing bail bonds of Rs.10,000/-
                                  (Ten Thousand) with two sureties of the like
                                  amount each to the satisfaction of learned
                                  Sessions Judge, Siwan/ concerned court in
                                  connection with Siwan Town P.S. Case No.
                                  502/2023.
                                               6. The petitioner is directed to mark
                                  his attendance in Asaon police station on every
                                  Sunday of the month. Failure to do so, will
                                  result in cancellation of bail bond of the
                                  petitioner.
                                              7. The Sessions Judge, Siwan is
                                  directed verify the antecedent of the petitioner. If
                                  the petitioner is found to be involved in the
                                  similar nature of cases, his bail bonds shall not
                                  be accepted.


                       4. Though, earlier vide order dated 14.08.2024 passed

          in Cr. Misc. No. 55740 of 2024, the petitioner was granted bail

          by this Court. While granting bail, as the petitioner had claimed

          clean antecedent, this Court had directed the Court below to

          verify the criminal antecedents of the petitioner at the time of
Patna High Court CR. MISC. No.75391 of 2025(3) dt.16-01-2026
                                            3/4




          accepting the bail bonds and on verification, the petitioner was

          found to be involved in another case under NDPS Act and

          therefore, the bail bonds of the petitioner was not accepted.

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

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          this application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand)with two sureties of the like amount each to the

          satisfaction of the learned District and Additional Sessions

          Judge-1st-cum-Special Judge, Siwan/concerned Court below in

          connection with Siwan Town P.S. Case No. 502 of 2023 subject

          to condition that:-

                                               (i). The petitioner will mark his
                                  attendance at the Asanwa Police Station on
                                  every Sunday of each month. Any default in
                                  appearance at the Police Station would
                                  result in cancellation of bail bond of the
                                  petitioner;
                                               (ii) The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
            Patna High Court CR. MISC. No.75391 of 2025(3) dt.16-01-2026
                                                        4/4




                                              of the petitioner.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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