Patna High Court
Ramesh Thakur @ Suresh Thakur @ Shankar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied the petitioner's application for regular bail.
Summary
The petitioner, Ramesh Thakur, was arrested in connection with a case involving the alleged possession of 3.5 kg of ganja and a pistol with four live cartridges, and was charged under sections 8, 20(b)(ii)(C), 25 and 29 of the NDPS Act and sections 25(1‑B)(a), 26 and 35 of the Arms Act. He applied for regular bail, claiming false implication and asserting that no incriminating article was found on his person, while noting that the investigation had concluded. The State opposed the bail, highlighting the large quantity of narcotics, the firearm, and the petitioner’s twenty prior criminal antecedents. The Court, after hearing both sides, declined to grant bail, emphasizing the seriousness of the offenses and the petitioner’s antecedents. However, the Court allowed the petitioner to file a fresh bail application after six months or upon framing of charge, whichever occurs later.
Issues considered
- Whether regular bail should be granted to the petitioner under the NDPS and Arms Acts given the nature of the seized contraband and his criminal antecedents.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(C), 25, 29, 8
Subjects
- bail
- NDPS Act
- Arms Act
- criminal antecedents
- regular bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90673 of 2025
Arising Out of PS. Case No.-16 Year-2024 Thana- KALYANPUR District- Samastipur
======================================================
Ramesh Thakur @ Suresh Thakur @ Shankar Thakur Son of Late Mahendra
Thakur Resident of Village - Ladaura, P.S.- Kalyanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 19-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kalyanpur P.S. Case
no.16 of 2024 (NDPS Case no.08 of 2024) registered under
sections 8, 20(b)(ii)(C), 25 and 29 of the N.D.P.S. Act and
sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, 3.5 kgs of ganja and
a pistol with four live cartridges was recovered from the
possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of his
antecedents. No incriminating article has been recovered from
his possession. He is in custody since 17.1.2024 and
investigation in the case has concluded.
Patna High Court CR. MISC. No.90673 of 2025(3) dt.19-03-2026
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 FIR according to
which there is recovery of 3.5 kgs of ganja along with a pistol
with four live cartridges as also 20 criminal antecedents of the
petitioner, the Court is not inclined to enlarge the petitioner on
bail and the application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months or on framing of charge,
whichever is later.
(Partha Sarthy, J)
Saurabh/-
U T
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