Patna High Court
Hemchandra GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner subject to strict conditions, finding no sufficient ground to deny bail despite the procedural objections raised.
Summary
Hemchandra Giri was arrested in Sheohar district for alleged possession of 8.75 kg of a ganja‑like substance, alleged to violate Sections 8, 20(B) and II B of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner claimed innocence, arguing that the seizure was not made from his conscious possession, that there was no independent witness to the seizure list as required by Section 15 of the NDPS Act, that the quantity was below commercial threshold, and that no forensic scientific laboratory (FSL) report accompanied the charge‑sheet. The State opposed bail. The High Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions such as cooperation with the trial, regular attendance before the police, and restrictions on tampering with evidence or witnesses.
Issues considered
- Whether bail can be granted in an NDPS case where the alleged quantity is below commercial threshold and procedural safeguards under Section 15 are alleged to be absent.
- Whether the absence of an FSL report and lack of an independent witness to the seizure list justify denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 15, 20(B), 8, II B
Subjects
- bail
- NDPS Act
- drug possession
- seizure procedure
- commercial quantity
- FSL report
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7586 of 2026
Arising Out of PS. Case No.-248 Year-2025 Thana- PIPRAHI District- Sheohar
======================================================
Hemchandra Giri, son of Late Rampukar Giri, R/o Village - Dekuli
Dharampur, P.S. - Piprahi, Distt. -Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Adv.
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Piprahi P.S. Case No. 248 of 2025 dated 29.11.2025
registered for the offence punishable under Sections 8,
20(B), II B of the N.D.P.S. Act.
3. Allegation is of recovery of 8.750 kg Ganja like
substance from the possession of the petitioner.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that nothing has been recovered
from the conscious possession of the petitioner. It is further
Patna High Court CR. MISC. No.7586 of 2026(2) dt.04-02-2026
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submitted that there is no independent witness to the seizure
list, which is against the provision of Section 15 of the
N.D.P.S. Act. It is also submitted that the seized Ganja like
substance is less than the commercial quantity. The
petitioner is in custody since 30.11.2025, having no
criminal antecedents and charge-sheet has been submitted in
the case without F.S.L report.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
Principal Sessions Judge, Sheohar in connection with
Piprahi P.S. Case No. 248 of 2025, subject to the following
conditions:-
1. Petitioner shall co-operate in the trial and
shall be properly represented on each and every
date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.7586 of 2026(2) dt.04-02-2026
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2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence
or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his
release from custody shall appear before the S.H.O.
of his local area alongwith a copy of this order and
shall appear every fortnightly to mark his
attendance till the framing of charge in the trial
court.
(Khatim Reza, J)
prabhat/-
U T
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