Patna High Court
Pappu Prasad GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that bail may be granted in the present case subject to the conditions specified.
Summary
The petitioner, Pappu Prasad Gupta, was arrested in connection with a case under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, where 26.44 g of brown sugar was recovered from a co-accused, not from the petitioner. The petitioner, who has two prior criminal cases and has been in custody since 1 October 2025, applied for bail, arguing lack of possession and citing that the co-accused had already been released on bail. The State opposed the bail on grounds of the seriousness of the offences and the petitioner's antecedents. The High Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties and imposed several conditions, including regular appearances before the trial court and the Superintendent of Police. The order also stipulated that any concealment of criminal antecedents or violation of conditions could lead to cancellation of bail.
Issues considered
- Whether bail can be granted under Sections 8(c) and 21(b) of the NDPS Act when no incriminating article was found in the petitioner's possession.
- Whether the petitioner's prior criminal antecedents justify denial of bail.
- Whether the conditions imposed by the court for bail are lawful and sufficient.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- possession
- criminal antecedent
- court conditions
- brown sugar seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85495 of 2025
Arising Out of PS. Case No.-119 Year-2025 Thana- PAHARKATTA District- Kishanganj
======================================================
Pappu Prasad Gupta S/O Late Mahesh Prasad Gupta Resident of Village-
Chhatargachh, Ward No. 3, P.S- Paharkatta, District- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha, Adv.
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with
Paharkatta P.S. Case No. 119 of 2025, dated 30.09.2025,
instituted for the offences under Sections 8(c) and 21(b) of the
N.D.P.S. Act.
3. As per prosecution case, the allegation against the
petitioner is that he along with another co-accused namely Md.
Dukha @ Islam Ansari @ Dukha Islam were apprehended and
total 26.44. Gm brown sugar was recovered from the possession
of co-accused Md. Dukha @ Islam Ansari @ Dukha Islam.
4. Learned counsel for the petitioner submits that
admittedly no incriminating article was recovered from the
Patna High Court CR. MISC. No.85495 of 2025(2) dt.06-01-2026
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conscious possession of the petitioner, rather 26.44 Gm smack
was recovered from co-accused Md. Dukha @ Islam Ansari. It
has next been submitted that petitioner has two criminal cases
and he is in custody since 01.10.2025. It has lastly been
submitted that co-accused Md. Dukha @ Islam Ansari @ Dukha
Islam has been enlarged on bail by a Coordinate Bench of this
Court vide order dated 12.12.2025, passed in Cr. Misc. No.
84005 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions, the
petitioner above named, is directed to be released on bail on
furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Sessions Judge-cum-Special Judge, N.D.P.S Act,
Kishanganj in connection with Paharkatta P.S. Case No. 119 of
2025, subject to the following 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 by the Court below, if so required by the
learned Trial Court.
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(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be canceled by the Court concerned.
(iv) And further condition that the court below 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 court below shall take step for
cancellation of bail bond 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 or in the name of
verification.
(v). In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of
Police, within fifteen days of his release with a copy of this
order and every two weeks thereafter for the next nine months.
The conduct of the petitioner will be kept under watch in this
period by the Superintendent of Police concerned and if it is
found wanting in any respect, a report shall be made to the court
concerned by him to initiate a proceeding for cancellation of
bail for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by the
petitioner before the court concerned.
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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)
pravinkumar/-
U T
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