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Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.85856 of 2025(2) dt.09-01-2026
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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,
Patna High Court CR. MISC. No.85856 of 2025(2) dt.09-01-2026
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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
              Patna High Court CR. MISC. No.85856 of 2025(2) dt.09-01-2026
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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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