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Patna High Court

Rajiv Ranjan Kumar @ Saheblal DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner with conditions, considering the delay in trial.

Summary

The petitioner, Rajiv Ranjan Kumar, was arrested on 17-12-2024 after 1.8 kg of ganja and 32 plant pieces were seized from him. He was charged under Sections 20(A), 20(B)(II)(B) and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. His earlier bail application was rejected on 06-03-2025. On a second attempt, the petitioner argued that the trial had progressed slowly, with only two witnesses examined so far. The court, noting the delay in trial, allowed regular bail subject to a cash bond of Rs.10,000, two sureties, weekly police station attendance, cooperation with the trial, and specific surety relationships. The order was communicated to the Superintendent of Police for compliance.

Issues considered

  • Whether bail should be granted to an accused under the NDPS Act when the trial has been delayed and only limited evidence has been examined.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • trial delay
  • regular bail
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82351 of 2025
                    Arising Out of PS. Case No.-743 Year-2024 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
                 Rajiv Ranjan Kumar @ Saheblal Das Son of Bashishth Das Resident of
                 village Charkawan Nichli Dih, P.S.- Rafiganj, District - Aurangabad
                                                                                 ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bachan Jee Ojha, Advocate
                 For the Opposite Party/s :       Mr.Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   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. The

                   petitioner seeks bail in connection with Rafiganj P.S. Case No.

                   743 of 2025 registered for the offence under Sections 20(A),

                   20(B)(II)(B), 25 of the N.D.P.S. Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 06.03.2025 in Cr. Misc. No. 10625 of 2025.

                                4. As per the prosecution story, 1.8 kg of ganja and 32

                   pieces of Ganja plant were recovered from the possession of the

                   petitioner who is custody since 17.12.2024.

                                5. Learned counsel for the petitioner submits that in

                   the trial two witnesses have been examined till date.

                                6. Considering the delay in trial, this application for

                   regular bail is allowed.
              Patna High Court CR. MISC. No.82351 of 2025(2) dt.16-01-2026
                                                          2/2




                                     7. Accordingly, 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 the learned A.D.J.- 1st cum-Special Judge (SC/ST,

                        children and N.D.P.S. Act) Aurangabad /concerned Court below

                        in connection with Rafiganj P.S. Case No. 743 of 2025 subject

                        to the following conditions:-

                                            (i) The petitioner after being released on bail, is
                                    directed to mark his attendance at Rafiganj Police Station,
                                    District- Aurangabad on every Sunday of the month. Any
                                    default in appearance at the Police Station will result in
                                    cancellation of bail bonds of the petitioner.
                                            (ii) the petitioner after being released on bail is
                                    directed to co-operate in the trial either by appearing
                                    personally or through his lawyer in the Trial Court on
                                    each and every date fixed by the trial Court. Non-
                                    compliance of the condition will result in cancellation of
                                    the bail bonds of the petitioner.
                                            (iii) one of the bailors should be the father of the
                                    petitioner and the another will be blood relative of the
                                    petitioner.
                                     8. Let a copy of this order be communicate through

                        FAX/ e-mail to the Superintendent of Police, Aurangabad for its

                        compliance.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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