Patna High Court
Buddhan Khalifa @ Budhdev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to monetary bond, sureties and regular police‑station attendance.
Summary
The petitioner, Buddhan Khalifa, sought relief from anticipated arrest in a case (Sadar P.S. Case No. 380 of 2025) filed under Section 317(5) of the Bharatiya Nyaya Sanhita and several provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. His wife had been arrested for the alleged recovery of 10 g of smokeless tobacco (smack) and was later granted bail. The petitioner contended that he was innocent, not caught in the act, and was being implicated merely on suspicion. The Court considered the application for bail and, finding no substantive ground to deny liberty, allowed the bail application. The order directed that, if arrested or surrendered within six weeks, the petitioner be released on bail upon furnishing a Rs 10,000 bond with two sureties and complying with attendance requirements at the police station, subject to conditions under Section 482 of the BNS and Section 438(2) of the CrPC.
Issues considered
- Whether bail should be granted to the petitioner pending arrest or surrender in a case instituted under the Bharatiya Nyaya Sanhita and the NDPS Act.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 317(5), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 17(a), 18(a), 21(b), 8, 8(c)
Subjects
- bail
- NDPS Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- pre‑arrest bail
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80694 of 2025
Arising Out of PS. Case No.-380 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Buddhan Khalifa @ Budhdev Kumar Son of - Lal Babu @ Samsuddin Alam
@ Rajan Khalifa Resident of - Abdulla Nagar, Khushkibagh, P.S.-Sadar,
District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate
Mr. Saroj Kumar Choudhary, Advocate
For the State : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-03-2026 Heard learned Senior Counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Sadar P.S. Case No. 380 of 2025 instituted under Sections
317(5) of the Bharatiya Nyaya Sanhita and Sections 8, 17(a),
18(a), 8(c) and 21(b) of the Narcotic Drugs and Psychotropic
Substance Act, 1985.
3. For the recovery of 10 gm. of smack, the
petitioner’s wife was arrested from the house. She has been
granted bail by this Court.
4. Learned Senior Counsel for the petitioner submits
that the petitioner is innocent and was not caught on the spot
and merely on suspicion, he is made an accused.
Patna High Court CR. MISC. No.80694 of 2025(4) dt.10-03-2026
2/2
5. Considering the aforesaid facts, this application is
allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, 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 Special
Judge, NDPS Act, Purnea/ concerned Court in connection with
Sadar P.S. Case No. 380 of 2025, subject to the conditions laid
down in Section 482 of the BNSS/ 438(2) of the Code of
Criminal Procedure, 1973.
7. The petitioner will also mark attendance in Sadar
Police Station, District- Purnea on every Sunday of the month.
Any default in appearance at the Police Station would result in
cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
P. Kumar
U T
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