Patna High Court
Bhorik DomversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail cannot be granted in view of the seriousness of the offence and the large quantity of narcotics involved.
Summary
The petitioners, Prince Kumar Yadav and Bhorik Dom, were arrested in connection with Bhitaha Police Station Case No. 151 of 2025 for alleged possession of approximately 15.788 kilograms of ganja, contravening Sections 8, 20(b)(ii)(B), 23(b) and 29 of the NDPS Act. Both have been in custody since 18 October 2025; Prince Kumar Yadav has two prior criminal convictions while Bhorik Dom has none. The petitioners applied for regular bail, arguing that the bail provisions under the NDPS Act should apply. The Court examined the seriousness of the offence, the large quantity of narcotics seized, and the prior record of one petitioner, and concluded that granting regular bail would be inappropriate. Consequently, the applications for regular bail were rejected, with the Court noting that its observations are prima facie and do not prejudice the trial.
Issues considered
- Whether regular bail should be granted to accused persons under Sections 8, 20(b)(ii)(B), 23(b) and 29 of the NDPS Act for possession of a large quantity of ganja.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 23(b), 29, 8
Subjects
- regular bail
- NDPS Act
- narcotics possession
- criminal antecedents
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12925 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- BHITAHA District- West Champaran
======================================================
Prince Kumar Yadav Sri Brijhan Yadav Resident of Village - Rupahitand, P.S.
- Bhitaha, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 7906 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- BHITAHA District- West Champaran
======================================================
Bhorik Dom S/o Late Bauak Doma Resident of village - Yadav Tola, Rupahi,
P.S - Bhitaha, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 12925 of 2026)
For the Petitioner/s : Mr. Sharad Kumar Verma
For the Opposite Party/s : Mr. Shailendra Kumar Singh
(In CRIMINAL MISCELLANEOUS No. 7906 of 2026)
For the Petitioner/s : Mr. Sujeet Kumar
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 23-06-2026 These cases arise out of the same P.S. Case i.e.,
Bhitaha P.S. Case No. 151 of 2025; therefore, they are being
heard together and disposed of by a common order.
2. Heard the learned counsel for the petitioners and
learned APP for the State.
3. The petitioners seek regular bail in connection with
Bhitaha P.S. Case No. 151 of 2025 registered for the offence
under Sections 8, 20(b)(ii)(B), 23(b) and 29 of the NDPS Act.
4. As per the prosecution case, the petitioners are
alleged to have been apprehended with approximately 15.788
Patna High Court CR. MISC. No.12925 of 2026(6) dt.23-06-2026
2/2
kilograms of ganja wrapped in polythene. The recovery was
made from the thatched hut of the petitioner, Prince Kumar
Yadav.
5. The petitioners are in custody since 18.10.2025.
The petitioner namely Prince Kumar Yadav has two criminal
antecedents whereas the petitioner namely Bhorik Dom has
clean antecedent.
6. Considering the allegation levelled against the
petitioners and the recovery of Ganja, this Court is not inclined
to grant regular bail to the petitioners.
7. Accordingly, these applications for regular bail
stand rejected.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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