Patna High Court
Deepak PathakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Deepak Pathak, was charged under sections 8 and 20(b)(ii)(c) of the NDPS Act for possession of 21 kg of ganja, and had been in custody since May 2023. His bail applications had been rejected twice earlier. He argued that he was innocent, had a clean antecedent, and that only two of six witnesses had been examined. The State opposed bail. Considering the lengthy custody and delay in trial, the court granted regular bail on a bond of Rs.10,000 with two sureties, subject to verification of his clean antecedent by the lower court. The order directed that verification should not delay the acceptance of bail bonds.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the NDPS offence and prior bail rejections
- Whether the delay in trial and period of custody justify granting bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 8
Subjects
- NDPS Act
- bail
- drug possession
- trial delay
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88499 of 2025
Arising Out of PS. Case No.-141 Year-2023 Thana- GAYA RAIL P.S. District- Gaya
======================================================
Deepak Pathak S/o Vijay Pathak R/o Village- Lahthan, Ward no. - 3, Police
Station - Agiyaw Bazar, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Kumar Pandey
For the Opposite Party/s : Mr. Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 3rd attempt of the petitioner. The
petitioner seeks bail in connection with Gaya Rail P.S. Case
No.141 of 2023 registered for the offence under sections 8/20(b)
(ii)(c) of the NDPS Act.
3. Earlier the bail application of the petitioner was
rejected twice on 27.02.2024 in Cr. Misc. No. 75605 of 2023
and on 02.05.2025 in Cr. Misc. No. 17567 of 2025.
4. As per the prosecution case, 21 Kg of ganja has
been recovered from the possession of the petitioner.
5. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 15.05.2023 and has clean
Patna High Court CR. MISC. No.88499 of 2025(2) dt.12-02-2026
2/2
antecedent. He further submits that out of six witnesses, only
two witnesses have been examined yet.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the period of custody and the delay in
the trial, this application for regular bail is allowed.
7. Accordingly, 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 District and Additional Sessions
Judge-II, Gaya/concerned Court below in connection with
NDPS Case No. 39 of 2023 arising out of Gaya Rail P.S. Case
No. 141 of 2023 subject to conditions that:-
(i). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
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.
(Sandeep Kumar, J)
Shishir/-
U T
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