Patna High Court
Gaurav Kumar @ GoluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner with specified conditions.
Summary
The petitioner, Gaurav Kumar, was arrested in connection with a seizure of 3.7 litres of cough syrup alleged to be illicit under Sections 21 and 22 of the NDPS Act. The prosecution claimed the seizure occurred in a mango orchard and that the petitioner was involved in the business of the syrup. The petitioner contended he was falsely implicated, that the seizure was made in an open area without proper compliance of NDPS search and seizure provisions, and that he had no conscious possession of the contraband, though he has a prior excise offence. The State opposed bail, citing the seriousness of the offence and the petitioner’s antecedent. The Court, after considering the facts, granted bail on a cash bond of Rs.10,000 with two sureties and imposed several conditions, including regular reporting to the Superintendent of Police and mandatory court appearances, while noting that the order’s observations would not affect the trial.
Issues considered
- Whether bail should be granted to the accused under Sections 21 and 22 of the NDPS Act considering the nature of the offence and the petitioner’s prior criminal antecedent.
- Whether procedural lapses in the search and seizure, if any, affect the grant of bail.
Legislation cited
Subjects
- bail
- NDPS Act
- Section 21
- Section 22
- drug trafficking
- search and seizure
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85970 of 2025
Arising Out of PS. Case No.-303 Year-2025 Thana- BACHHWARA District- Begusarai
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Gaurav Kumar @ Golu Son of Santosh Choudhary R/O Vill-
Raghunandanpur, P.S.- Bhagwanpur Teyay, O.P., District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Singh, Adv.
Mr. Pramod Kumar, Adv.
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, 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. The petitioner seeks bail in connection with
Bachhwara P.S. Case No. 303 of 2025 (NDPS Case No. 58 of
2025) dated 21.08.2025 registered for the offence(s) punishable
under Section(s) 21 and 22 of the N.D.P.S. Act.
3. As per the prosecution case, on receiving the secret
information that the petitioner along with the co-accused,
Vikram Kumar was involved in the business of Korax Cough
Syrup in the mango orchard of Vikram Kumar. The police
conducted a raid and apprehended one person who disclosed his
name as Gaurav Kumar @ Golu (petitioner). On search, total
3.7 litres of cough syrup was recovered.
Patna High Court CR. MISC. No.85970 of 2025(2) dt.09-01-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case and no such recovery has been made from the conscious
possession of the petitioner. It has next been submitted that
admittedly the place where the recovery has been made was a
mango orchard which is an open place and accessible to anyone.
Learned counsel has further submitted that it was the petitioner
who was apprehended at the place of occurrence which was not
the case. It has next been submitted that none of the provisions
of search and seizure under the N.D.P.S. Act has been followed
by the police. It has lastly been submitted that the petitioner has
one criminal antecedent which is under excise act and he is in
custody since 23.08.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Begusarai in connection with
Bachhwara P.S. Case No. 303 of 2025 (NDPS Case No. 58 of
2025), subject to the following terms and conditions :-
Patna High Court CR. MISC. No.85970 of 2025(2) dt.09-01-2026
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(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(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) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of 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,
Begusarai, within fifteen (15) 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 concerned Superintendent of Police 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
Patna High Court CR. MISC. No.85970 of 2025(2) dt.09-01-2026
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of the petitioner 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.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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