Patna High Court
Raja Singh @ Harendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Raja Singh, was arrested on 17 October 2024 and has been in custody for alleged possession of 4.75 kg of ganja recovered from an open place. He was charged under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, with the charge framed on 21 July 2025. The petitioner contended that he was falsely implicated and that only one witness had been examined, highlighting the delay in trial and the circumstances of the seizure. The State opposed the bail application, but the court considered the large quantity seized, the open‑place recovery, the prolonged custody, and the paucity of evidence. Accordingly, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 20(b)(ii)(B) of the NDPS Act considering the quantity of narcotic seized, the open‑place recovery, and the delay in trial.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B)
Subjects
- bail
- NDPS Act
- drug possession
- criminal procedure
- high court
- delay in trial
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87244 of 2025
Arising Out of PS. Case No.-219 Year-2024 Thana- DERNI BAZAR District- Saran
======================================================
Raja Singh @ Harendra Kumar Singh S/O Upendra Singh @ Upendra Kumar
Singh R/O village - Ratanpura Basant, P.S- Awatar Nagar, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Vaishnavi Singh, Adv
For the Opposite Party/s : Mr.Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail.
3. The petitioner seeks bail in connection with Derni
Bazar P.S.Case No 219 of 2024 registered for the offence
punishable under sections 20(b)(ii)(B) of the N.D.P.S Act
4. Petitioner is in jail custody since 17.10.2024. and
4.750 k.g Ganja was recovered from the bush, which is an open
place.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. It is submitted that 4.750 Kg Ganja has been recovered
from an open place. Charge has been framed on 21.07.2025 but
Patna High Court CR. MISC. No.87244 of 2025(2) dt.11-02-2026
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only one witness has been examined.
6. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
7. Considering the facts and circumstance and also
considering the quantity of Ganja which has been recovered
from an open place, the period of custody and delay in trial, this
application is allowed.
8. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- ( ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below/ concerned Court in connection with Derni
Bazar P.S.Case No. 219 of 2024.
(Sandeep Kumar, J)
N.K/-
U T
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