Patna High Court
Nikki PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioners, holding that the lack of material recovery against them and the focus of the investigation on the co‑accused justified their release on bail with conditions.
Summary
The High Court heard two bail applications arising from the same police case (No. 254 of 2025) involving alleged offences under Sections 111(2)(b), 111(3), 111(4), 111(6) of the Bihar Narcotic Substances Act and Sections 20(b)(ii)(c) and 27 of the NDPS Act. The prosecution alleged that 13.4 kg of ganja was seized from the shop of co‑accused Ravindra Giri and a further 115.528 kg from his house, and that Ravindra Giri’s confession implicated the petitioners – Nikki Prasad, Ravindra Prasad and Dharmendra Giri – as suppliers. The petitioners argued that no narcotic material was recovered from their persons or premises, they had no prior criminal record, and the charge‑sheet had already been filed. The State opposed bail, contending that the petitioners were part of the narcotics business. Considering the lack of direct seizure against the petitioners, the primary focus of the investigation on Ravindra Giri, and the submission of the charge‑sheet, the Court granted bail to all petitioners subject to a bond of Rs.10,000 and conditions of personal appearance in court.
Issues considered
- What is the appropriate bail jurisprudence when co‑accused confessions implicate other accused but no narcotic material is seized from them?
- Whether the absence of direct recovery from the petitioners warrants granting bail under the NDPS and Bihar Narcotic Substances Acts?
Legislation cited
- Bihar Narcotic Substances Act — s. 111(2)(b), 111(3), 111(4), 111(6)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 27
Subjects
- bail
- NDPS Act
- narcotics seizure
- confessional statement
- co‑accused
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84367 of 2025
Arising Out of PS. Case No.-254 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
1. Nikki Prasad Son of Late Brahmaji Prasad R/o Village - Chainpur, P.S. -
Chainpur, District - Siwan.
2. Ravindra Prasad @ Mukhiya @ Mukhiya Prasad @ Ravindra @ Rabindra
Prasad Son Late Brahamaji Prasad R/o Village - Chainpur, P.S. - Chainpur,
District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 85759 of 2025
Arising Out of PS. Case No.-254 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Dharmendra Giri @ Sadhu Baba S/o Late Mahesh Giri Resident of Village-
Odana Mathiya, P.S.- Revilganj, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 84367 of 2025)
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
(In CRIMINAL MISCELLANEOUS No. 85759 of 2025)
For the Petitioner/s : Mr. Hemant Kumar, Advocate
: Ms. Priyanka Singh, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 20-02-2026 As both these bail applications arise out of the same
police station case number, hence they are being heard together
and disposed of by this common order.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The petitioners seek bail in a case registered for
Patna High Court CR. MISC. No.84367 of 2025(5) dt.20-02-2026
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the offence punishable under Sections 111(2)(b), 111(3), 111(4)
and 111(6) of the B.N.S. and Sections 20(b)(ii)(c) and 27 of the
N.D.P.S. Act.
4. As per the prosecution case, on secret
information, police recovered 13.400 kg ganja from accused
persons. On their statement, the house of one co-accused,
Ravindra Giri, was searched and 115.528 kg ganja, jewellery,
and property documents were allegedly recovered.
5. Learned counsel for the petitioners submits that
the First Information Report is an exhaustive document which
indicates clearly that upon a confidential information with
regard to one Ravindra Giri that he was into the business of
narcotics, his shop was raided and 13.400 kg of ganja was
recovered from his shop and in his confessional statement he
admitted that his brother, Dharmendra Giri (petitioner in Cr.
Misc. No.85759 of 2025) also assisted him. He has further
stated in his confessional statement that Nikki Prasad and
Ravindra Prasad (petitioners in Cr. Misc. No. 84367 of 2025)
used to supply him the contraband, which he used to sell off by
putting them into packets. However, it has been submitted that
besides the said confession made by the co-accused Ravindra
Giri, there is absolutely no material against these petitioners to
Patna High Court CR. MISC. No.84367 of 2025(5) dt.20-02-2026
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establish their complicity inasmuch as, the seizure lists clearly
indicate the recovery of ganja from the shop and house of
Ravindra Giri and several other articles and jewellery etc. have
also been seized from the said Ravindra Giri. So far as
Dharmendra Giri (petitioner in Cr. Misc. No.85759 of 2025) is
concerned, his signature has been taken in the first seizure list
showing recovery of 13.400 kg of ganja which is intermediate
quantity, however, it is submitted that he has been made an
accused only on the ground that he happens to be brother of the
main accused, Ravindra Giri. So far as Nikki Prasad and
Ravindra Prasad (petitioners in Cr. Misc. No. 84367 of 2025)
are concerned, there is no recovery made from their personal or
conscious possession and all the petitioners have no criminal
antecedent. Nikki Prasad and Ravindra Prasad (petitioners in
Cr. Misc. No. 84367 of 2025) are in custody since 02.08.2025
and Dharmendra Giri (petitioner in Cr. Misc. No.85759 of
2025) is in custody since 01.08.2025 and charge-sheet has been
submitted.
6. Learned APP for the State, however, strongly
opposed the grant of bail to the petitioners on the ground that
they are also involved in the entire business of narcotics, two of
them being the suppliers of the same.
Patna High Court CR. MISC. No.84367 of 2025(5) dt.20-02-2026
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7. Taking into consideration the facts and
circumstances and considering as a matter of fact, no recovery
has been made from the petitioners of Cr. Misc. No.84367 of
2025 and even no recovery has been made from the conscious
possession of the petitioner of Cr. Misc. No.85759 of 2025,
coupled with the fact that the thrust of allegation is against co-
accused Ravindra Giri from whom the entire narcotic and other
articles have been recovered and also considering that the
charge-sheet has already been submitted, let the above named
petitioners, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Sessions
Judge-cum-Special Judge, Saran at Chapra/concerned Court
below in connection with Rivilganj P.S. Case No. 254 of 2025
subject to condition that:-
(i) The petitioners shall remain physically
present in court on each and every date during trial and in the
event of failure on two consecutive dates without sufficient
reasons, their bail bonds shall be liable to be cancelled by the
learned court concerned.
(Soni Shrivastava, J)
anand/-
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