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Patna High Court

Gaurav Kumar @ GoluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
                 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
                                                       4/4




                     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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