Patna High Court
Adarsh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Adarsh Kumar, was arrested in connection with a case registered under sections 8 and 20(b)(ii)(B) of the NDPS Act for alleged possession of 1.38 kg of ganja. He filed an application for regular bail after being in custody since 7 October 2025, contending that no incriminating article was recovered from his possession and that he was falsely implicated. The State opposed the bail. The Court, after considering the FIR allegations and the fact that the petitioner had been detained for more than four months, ordered that he be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions including a close relative as bailor and mandatory presence in court. The bail may be cancelled if the petitioner is absent without satisfactory reason.
Issues considered
- Whether regular bail can be granted to the accused under sections 8 and 20(b)(ii)(B) of the NDPS Act given the nature of the offence and the period of custody?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- NDPS Act
- regular bail
- possession of ganja
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87969 of 2025
Arising Out of PS. Case No.-434 Year-2025 Thana- PATLIPUTRA District- Patna
======================================================
Adarsh Kumar, Son of Late Shailendra Singh, Resident of village- Kishanpur
Madhuvan, P.S.- Kudhani, District- Muzaffarpur A/P resident of Mohalla-
Rajiv Nagar, Road No.-15, House No.-34 (Rental), P.S.- Rajiv Nagar, District-
Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
Mr. Aditya Raj Singh, Advocate
Mr. Anshul Aaryan, Advocate
Mr. Shreyanshu Kumar, Advocate
Ms. Eashita Raj, Advocate
Mr. Randhir Kumar, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 20-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Patliputra P.S. Case
no.434 of 2025, registered under sections 8 and 20(b)(ii)(B) of
the N.D.P.S. Act.
3. As per the prosecution case, 1.38 kgs of ganja was
recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession and he has been falsely implicated in the case
because of his antecedents. He is in custody since 7.10.2025 and
undertakes to cooperate in the investigation/trial.
Patna High Court CR. MISC. No.87969 of 2025(3) dt.20-02-2026
2/2
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R. and the
petitioner having remained in custody for more than 4 months
since 7.10.2025, the petitioner is directed to be enlarged on bail
in connection with Patliputra P.S. Case no.434 of 2025, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Sessions Judge/Special Judge (NDPS), Patna on the
following conditions :-
(I) One of the bailors of the petitioner shall be the
close relative of the petitioner.
(II) The petitioner shall remain physically present in
the learned trial Court on each date of the case/trial and shall
cooperate in the trial.
(III) In case the petitioner is absent on any single date
for reasons not to the satisfaction of the learned trial Court, the
learned trial Court may cancel the bail bond of the petitioner
and take him into custody till conclusion of the trial.
(Partha Sarthy, J)
avinash/-
U T
Checking your session…