Patna High Court
Ram DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court allowed the bail application, granting bail with conditions.
Summary
The petitioner, Ram Das, was arrested in July 2025 for alleged possession of 2 kg of ganja, alleged offences under Sections 8 and 20(b)(ii)(B) of the NDPS Act. He claimed innocence, asserted that the quantity was only marginally above the 'small quantity' threshold and far below the commercial quantity of 20 kg, and highlighted that he had been in custody for about six months with no prior criminal record. The State opposed bail, but the court considered the modest quantity, lack of antecedents, and the length of pre‑trial detention. Accordingly, the court granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties and comply with several conditions regarding cooperation with investigation and non‑interference with witnesses. The bail order was issued by Justice Jitendra Kumar of the Patna High Court.
Issues considered
- Whether bail should be granted to an accused under Sections 8 and 20(b)(ii)(B) of the NDPS Act for possession of 2 kg of ganja.
- Whether the quantity involved, the absence of prior criminal antecedents, and the period of pre‑trial detention justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- drug possession
- quantity of contraband
- pre‑trial detention
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91725 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- JOGBANI District- Araria
======================================================
Ram Das Son of Late Mukund Das @ Makund Das @ Mukun Das R/o
Village - Yamsham, Jamsam, P.S. - Pandaul, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md Naushaduzzoha, Advocate
For the State : Mr. Parmanand Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Jogbani P.S. Case No. 80 of 2025 dated 24.07.2025, registered
for the offences punishable under Sections 8 and 20(b)(ii)(B) of
NDPS Act.
3. As per allegation, 2 kg of ganja has been recovered
from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that the quantity of the contraband is
just above the small quantity and much below the commercial
quantity of 20 kg and he has been in custody for about six
months.
Patna High Court CR. MISC. No.91725 of 2025(2) dt.15-01-2026
2/3
5. He further submits that the petitioner has been
languishing in jail since 25.07.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has no criminal antecedents.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances,
this application is allowed, directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in the
sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned concerned Court
below in connection with Jogbani P.S. Case No. 80 of 2025, on
the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
Patna High Court CR. MISC. No.91725 of 2025(2) dt.15-01-2026
3/3
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents other than
the disclosed one, learned court below shall cancel the bail
bonds of the petitioner after hearing him and getting satisfied
that the petitioner has concealed his criminal antecedents despite
his knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
Checking your session…