Patna High CourtCR. MISC./19650/2026bail granted

Dhirendra Kumar v. The State Of Bihar

2026-03-25Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19650 of 2026 Arising Out of PS. Case No.-43 Year-2026 Thana- KATORIYA District- Banka ====================================================== Dhirendra Kumar S/o Basudeo Sah R/o Village- Radha Nagar, Hathgarh, P.SKatoriya, Dist- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Rajdeep, Advocate For the State :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-03-2026 Heard Mr. Kumar Rajdeep, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 11.02.2026, in connection with Katoria P.S. Case No. 43 of 2025, F.I.R. dated 09.02.2026 registered for the offences punishable under Sections 8, 20(B)(ii)(A) of the N.D.P.S. Act, 1985.

3. The case relates to recovery of 445 grams of Ganja.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that altogether 445 grams of Ganja like substance from black colored polythene was recovered from the house of the petitioner. Learned counsel for the petitioner further

Patna High Court CR. MISC. No.19650 of 2026(2) dt.25-03-2026 2/3 submits that there is non compliance of mandatory provisions of Section 50 of the N.D.P.S. Act and also there is non compliance of Section 103 of the B.N.S.S., 2023 and the recovered contraband is less than the commercial quantity, so there is no embargo under Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail. The petitioner is in custody since 11.02.2026.

5. Learned APP for the State, on the other hand, 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 there is non compliance of mandatory provisions of Section 50 of the N.D.P.S. Act and 103 of the B.N.S.S, 2023 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 Sessions Judge cum Special Judge (NDPS Act), Banka in connection with Katoria P.S. Case No. 43 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.19650 of 2026(2) dt.25-03-2026 3/3

(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 antecedent, 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