Abdul Kadir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38859 of 2026 Arising Out of PS. Case No.-69 Year-2026 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Abdul Kadir S/O Sri Suleman Miya Resident of village- Bela, PSRamgarhwa, Distt-West Champaran 2.

Ravi Ranjan Kumar @ Rocky S/O Late Bikrama Singh Resident of villageBela, PS- Ramgarhwa, Distt-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharad Kumar Verma, Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-06-2026 Heard Mr.Sharad Kumar Verma, learned counsel for the petitioners and Mr.Bishweshwar Ram, learned A.P.P. for the State.

2. The petitioners seek bail, who are in custody since 10.02.2026 in connection with Ramgarhwa P.S. FIR No. 69 of 2026(NDPS GR Case No.23 of 2026), F.I.R. dated 09.02.2026 registered for the offence punishable under Sections 8/20(b)(ii) (C),25 of N.D.P.S.Act.

3. Recovery is of 8.9 Kg of Ganja.

4. Learned counsel appearing for the petitioners submits that the petitioners have clean antecedent. He further submits that it appears from the FIR as well as the seizure list

Patna High Court CR. MISC. No.38859 of 2026(2) dt.22-06-2026 2/3 that altogether 8.9 Kg of Ganja has been recovered from possession of petitioner No.1 and he disclosed that petitioner No.2 was also involved in the present crime in question. Learned counsel for the petitioners submits that there is noncompliance of the mandatory provisions of NDPS Act and the recovered contraband is less than the commercial quantity, so there is no embargo under Section 37 of the NDPS Act to enlarge the petitioners on bail and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 10.02.2026.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts, petitioners have clean antecedent and recovered contraband is less than the commercial quantity, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, NDPS Act, East Champaran at Motihari in connection with Ramgarhwa P.S. FIR No. 69 of 2026(NDPS GR Case No.23 of 2026), with the following conditions:- (I) Petitioners shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.38859 of 2026(2) dt.22-06-2026 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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) Nitesh/- U T