Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Petitioner Rajesh Kumar was arrested in September 2025 for alleged offences under Sections 8(c), 20(B)(ii)B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 after 2 kg of ganja was recovered from a motorcycle. He contended that he was falsely implicated, that the seized quantity was only intermediate and therefore not subject to the stringent provisions of Section 37, and that he had previously been acquitted in an excise case. The State opposed his bail application. The High Court, after considering the facts, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed several conditions, including regular attendance before the trial court and the SSP. The order clarified that the bail conditions are not to be delayed for verification of antecedents and that any observations made are not binding during trial.
Issues considered
- Whether bail should be granted in an NDPS case involving an intermediate quantity of 2 kg of ganja.
- Whether Section 37 of the NDPS Act is attracted in the present case.
- Whether the petitioner's claim of false implication and prior acquittal in an excise case affect the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)B, 29, 37, 8(c)
Subjects
- bail
- NDPS Act
- narcotic drugs
- intermediate quantity
- Section 37
- criminal procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82465 of 2025
Arising Out of PS. Case No.-261 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Rajesh Kumar S/o- Vishundeo Yadav R/v- Barhara Jarhi W.No-10, Ps-
Chautham Dist- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Om Prakash Kumar, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2.The petitioner seeks bail in connection with
Chautham P.S. Case No. 261 of 2025 dated 27.09.2025
registered for the offences under Sections 8(c), 20(B) (ii)B, 29
of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. As per the prosecution case the informant received
a secret information that some persons were carrying Ganja. On
interception the accused/petitioner was apprehended. On search
total 2 Kgs. of Ganja was recovered from the dikky of the
motorcycle.
4. Learned counsel for the petitioner has submitted
that the petitioner has falsely been implicated in the case. No
such recovery was made from his conscious possession. It is
further submitted that the quantity recovered is an intermediate
Patna High Court CR. MISC. No.82465 of 2025(2) dt.05-01-2026
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quantity and therefore the rigors of Section 37 of the N.D.P.S.
Act is not attracted in the present case. It has lastly been
submitted that only one criminal case was against the petitioner,
under Excise Act and in which the petitioner has been acquitted.
It is next submitted that the petitioner is in custody since
28.09.2025.
5. Learned APP has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Special Judge (NDPS Act) Khagaria in connection
with Chautham P.S. Case No. 261 of 2025 subject to the
following terms and conditions:
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed, if so required by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
Patna High Court CR. MISC. No.82465 of 2025(2) dt.05-01-2026
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(iv) the trial court shall verify the criminal antecedent
of the petitioner and in case at any stage, it is found that the
petitioner has concealed his criminal antecedent, the trial court
shall take step for cancellation of bail bonds of the petitioner.
However, the acceptance of bail bonds in terms of the above
mentioned order shall not be delayed for purpose of the same on
in the name of verification.
(v) the petitioner is directed to appear before the SSP,
Siwan fortnightly to mark his attendance.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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