Patna High Court
Dheeraj Kumar @ Dhiraj Singh @ Dheeraj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing the furnishing of a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Dheeraj Kumar, was arrested in connection with a case under Sections 21 and 22(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly loading cartoons that contained 4,500 ampules of Leegesic injection with 2.7 g of buprenorphine. He contended that he was merely employed to load the cartons and had no possession or knowledge of the contraband, and highlighted that a similarly situated co‑accused had been granted bail. The State opposed the bail application, arguing the seriousness of the offence. The Court, after considering the facts, the petitioner’s clean record, the non‑commercial quantity of the drugs, and the precedent of bail to a co‑accused, ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties. The bail was directed to be approved by the Sessions/Special Judge (NDPS) in Patna.
Issues considered
- Whether the petitioner is entitled to bail under the NDPS Act despite the alleged involvement in loading drug‑containing cartons.
- Whether the quantity of drugs seized warrants denial of bail.
- Whether the precedent of bail granted to a co‑accused influences the petitioner's bail application.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22(b)
Subjects
- bail
- NDPS Act
- drug trafficking
- quantity of narcotics
- presumption of innocence
- court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88871 of 2025
Arising Out of PS. Case No.-740 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Dheeraj Kumar @ Dhiraj Singh @ Dheeraj Kumar Singh, Son of
Kaushlendra Kumar Singh @ Kaushalendra Singh, Resident of Village -
Jalalpur, Daraunda, P.S.- Daraunda, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Agamkuan P.S. Case No. 740 of 2025 registered for the
offence punishable under Sections 21 and 22(b) of N.D.P.S. Act.
3. The case of the prosecution, in short, is that three
persons were loading cartoons on a scooty. It is alleged that
from those cartoons, altogether 4500 ampules of Leegesic
injection were recovered in which total 2.7 gram of
Buprenorphine Hydrochloride was found.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his conscious possession
Patna High Court CR. MISC. No.88871 of 2025(2) dt.06-01-2026
2/2
rather he was only employed for loading the cartoons on the
scooty. The witnesses of the seizure list are police personnel. It
has further been submitted that the contraband which has been
recovered is though more than small quantity but is much less
than commercial quantity. It has also been submitted that one of
the similarly situated co-accused has been granted bail by
learned Co-ordinate Bench vide Cr. Misc. No. 82435 of 2025.
Petitioner is having no criminal antecedent and he is languishing
in judicial custody since 07.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Sessions Judge/Special Judge (N.D.P.S.), Patna in connection
with Agamkuan P.S. Case No. 740 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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