Gupteshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1908 of 2026 Arising Out of PS. Case No.-300 Year-2025 Thana- KARAKAT District- Rohtas ====================================================== Gupteshwar Prasad S/o Late Shiv Kumar Prasad Resident of village - Nawada Ben, P.S - Udawant Nagar, District - Bhojpur at Ara ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Chhote Lal Mishra, Advocate For the State :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-01-2026 Heard Mr. N.K. Agrawal, learned counsel for the petitioner and Mr. Sanjay Kumar Sharma, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 10.06.2025, in connection with Karakat P.S. Case No. 300 of 2025, F.I.R. dated 09.06.2025 registered for the offences punishable under Sections 25(b)(ii)(B) of the N.D.P.S. Act.

3. The case relates to recovery of 7.900 Kgs. of Ganja.

4. Learned Senior counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. It appears from the F.I.R. as well as seizure list that altogether 7.900 Kgs of Ganja was recovered

Patna High Court CR. MISC. No.1908 of 2026(2) dt.19-01-2026 2/3 from the possession of the petitioner. He further submits that there is non-compliance of mandatory provisions of N.D.P.S. Act and the recovered contraband is less than the commercial quantity and there is no embargo of Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail. The police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 10.06.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and the recovered contraband is less than the commercial quantity, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge, Bikramganj, Rohtas in connection with Karakat P.S. Case No. 300 of 2025, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.1908 of 2026(2) dt.19-01-2026 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, 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.

(Rajesh Kumar Verma, J) Ibrar//- U T