Patna High Court
Sukhari RautversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, holding that the circumstances warranted release despite the NDPS provisions.
Summary
The petitioner, Sukhari Raut, sought bail in a case registered under Section 414 IPC and Sections 8C, 20(b)(ii)(C) and 29 of the NDPS Act, where 2 kg of charas, mobile phones and cash were seized from a vehicle in which he was present. He contended that he was neither the owner nor the driver of the vehicle and that no contraband was found in his possession, citing that co‑accused had already been granted bail in similar cases. The State opposed bail, alleging two prior criminal cases against the petitioner. The Court referred to the Supreme Court’s decision in Rabi Prakash v. State of Odisha, emphasizing that prolonged pre‑trial detention infringes Article 21 and that conditional liberty can outweigh the statutory restriction under Section 37(1)(b) of the NDPS Act. After considering the arguments, the Court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted in an NDPS case under Section 37(1)(b) given the circumstances of the petitioner.
- Whether prolonged pre‑trial detention violates the right to life and liberty under Article 21 of the Constitution.
- Whether the petitioner’s alleged criminal antecedents preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 414
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(C), 29, 37(1)(b), 8C
Subjects
- bail
- NDPS Act
- Article 21
- pre‑trial detention
- Section 37
- charas seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84522 of 2025
Arising Out of PS. Case No.-217 Year-2023 Thana- SURSAND District- Sitamarhi
======================================================
Sukhari Raut S/o Vishwanath Raut R/o village - Chand Parsa, P.S. -
Keshariya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar II, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 Heard Mr. Dhananjay Kumar II, learned counsel for
the petitioner and Mr. Ramchandra Sahni, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Sursand P.S. Case No. 217 of 2023 registered for the
offence punishable under Sections 414 of the Indian Penal
Code, Sections 8C, 20(b)(ii)(C) and 29 of the N.D.P.S. Act.
3. The case of the prosecution in short is that from a
four-wheeler on search, 2 kg of charas, mobile phones, and cash
were recovered. The petitioner and the other co-accused persons
were found sitting inside the said vehicle.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.84522 of 2025(2) dt.05-02-2026
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case. Learned counsel for the petitioner submits that nothing has
been recovered from the possession of this petitioner. The
petitioner is neither the owner nor the driver of the alleged
vehicle. He also submits that similarly situated other co-accused
persons, namely, Arvind Kumar Singh, Ajay Kumar Sahni, and
Raushan Kumar, have already been granted bail by the learned
coordinate bench of this court in Cr. Misc. Nos. 78514 of 2025,
15069 of 2025, and 33528 of 2025 respectively. Learned
counsel for the petitioner has further submitted that similarly
situated other co-accused persons, namely, Vivek Sahni and
Shashi Kumar Singh have been granted bail by this Court in Cr.
Misc. Nos. 84968 of 2025 and 85340 of 2025 respectively. He
further submits that the petitioner is languishing in judicial
custody since 01.05.2023.
5. In the case of Rabi Prakash vs. the State of
Odisha, Hon'ble Supreme Court has held that the prolonged
incarceration generally militate against the most precious
fundamental right guaranteed under Article 21 of the
constitution of India and in such situation, the conditional
liberty must override the statutory embargo created under
Section 37 sub-clause 1(b) of the NDPS Act.
6. The application for bail is opposed by learned APP
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for the State and submits that the petitioner is having criminal
antecedent of two cases.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, Sitamarhi in connection with Sursand P.S. Case No. 217
of 2023.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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