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Patna High Court

Dheeraj Kumar @ Dhiraj Singh @ Dheeraj Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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