Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to the conditions specified in the order.
Summary
Dharmendra Kumar was arrested in connection with Parsa Bazar case No. 353 of 2025 for alleged involvement in selling brown sugar and a seizure of 7.09 gm of heroin from the group, although no narcotic was recovered from his personal possession. He contended that he was falsely implicated, that the NDPS procedures were not followed, and that he has only a single prior conviction under the Excise Act. The prosecution opposed bail, asserting his participation in the narcotics trade. The High Court noted that co‑accused had been released on bail and, considering the lack of direct recovery from the petitioner and his solitary antecedent, granted bail on a Rs 10,000 bond with two sureties and a series of conditions. The order expressly stated that any observations made would not affect the trial proceedings.
Issues considered
- Whether bail should be granted to the petitioner under Sections 8(c) and 21(b) of the NDPS Act and Section 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the alleged offence.
- Whether alleged procedural lapses in the NDPS investigation and the petitioner’s prior criminal antecedent justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111(2)(b)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- criminal procedure
- prior criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85856 of 2025
Arising Out of PS. Case No.-353 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Dharmendra Kumar, S/O Late Kapil Deo Singh, Resident of Village- Udaini
PS- Gopalpur, Dist.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Union of India, Narcotics Control Bureau, Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Parsa Bazar P.S. Case No. 353 of 2025,
registered for the offences punishable under Sections 8(c)/21(b)
of the Narcotic Drugs and Psychotropic Substances Act, 1985
and section 111(2)b of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that he had received some secret information that some
persons were engaged in selling brown sugar, a raid was
conducted and seven persons were apprehended along with the
petitioner and on search total 7.09 gm of heroin was recovered
from the apprehended persons. As far as the petitioner is
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concerned, one Scooty, one mobile phone and Rs. 200/- was
recovered from his possession.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and no such
recovery as stated in the FIR has been made. It has next been
submitted that admittedly no recovery of narcotic substance was
made from the conscious possession of the petitioner. It has also
been submitted that the procedures to be followed under NDPS
Act were not followed and the petitioner has only one criminal
antecedent that too under the Excise Act. It has lastly been
submitted that the petitioner is in custody since 23.08.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail and has stated that the petitioner and others were
involved in the selling of brown sugar.
6. Considering the aforesaid submissions made by the
parties and fact that similarly situated co-accused, namely, Ravi
Raj @ Dharmendra and Lalendra Kumar, are enlarged on bail
by this Court, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below where the case is pending/successor court
in connection with Parsa Bazar P.S. Case No. 353 of 2025,
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subject to the following conditions:-
(i) One of the bailors of the petitioner shall
be his close relative and the other shall be local
resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(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 cancelled by
the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail bond.
(v) The learned 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 or
in the name of verification.
(vi) In view of the antecedent of the
petitioner, the petitioner is directed to appear before the
Superintendent of Police, Patna 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
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will be filed by the petitioner before the court
concerned.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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