Patna High Court
Aditya Kumar Pandey @ Rishu Pandey @ Aditya PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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
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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
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of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
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