Raj Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

Raj Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted to petitioner Raj Kumar on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to conditions including verification of his criminal antecedent before acceptance of the bail bond; consideration of bail for petitioner Rohit Kumar deferred, with the case diary summoned within six weeks and the matter to be listed after six weeks.

Issue for consideration

Whether petitioner Raj Kumar should be released on regular bail in connection with Raxaul P.S. Case No. 452 of 2024, NDPS G.R. Case No. 105 of 2024 (offences under Sections 22(C), 23(C) and 29 of the NDPS Act, 1985), counsel having submitted nothing was recovered from his possession. +1 more

Court's answer

Petitioner Raj Kumar is to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, East Champaran, Motihari, in connection with Raxaul P.S. Case No. 452 of 2024, NDPS G.R. Case No. 105 of 2024.

Ratio / Principle

The bail is subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

Key takeaways

Before accepting the bail bond, the learned court below shall verify the criminal antecedent of petitioner Raj Kumar, and if he is found to be involved in any other case, his bail bond shall not be accepted.ratio¶32
As regards petitioner Rohit Kumar, drugs having been recovered from his house, perusal of the case diary is essential and his bail plea could not be decided without it.ratio¶34
A legible xerox copy of the case diary is to be called for from the court of the learned Sessions Judge/Special Judge, East Champaran, Motihari so as to reach the Court within six weeks, and the matter is to be listed after six weeks.

Detailed headnote1 paragraphs

Two bail applications — Criminal Miscellaneous No. 13813 of 2025 (Raj Kumar) heard with Criminal Miscellaneous No. 6805 of 2025 (Rohit Kumar) — arising out of Raxaul P.S. Case No. 452 of 2024, NDPS G.R. Case No. 105 of 2024, District East Champaran, registered for offences punishable under Sections 22(C), 23(C) and 29 of the NDPS Act, 1985, decided by the Patna High Court (Justice Nawneet Kumar Pandey) on 09-05-2025. As per allegation, 290 pieces of intoxicant tablets and injections were recovered from the bed of petitioner Rohit Kumar; counsel submitted that nothing was recovered from the possession of petitioner Raj Kumar, who is under custody since 20.11.2024 and is a person of clean antecedent. Held: petitioner Raj Kumar released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, East Champaran, Motihari, subject to his cooperating in the disposal of trial and to the court below verifying his criminal antecedent before accepting the bail bond — the bond not to be accepted if he is found involved in any other case. As regards petitioner Rohit Kumar, drugs having been recovered from his house, perusal of the case diary was held essential; a legible xerox copy of the case diary was ordered to be called from the court of the learned Sessions Judge/Special Judge, East Champaran, Motihari within six weeks, and the matter listed after six weeks.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13813 of 2025

Arising Out of PS. Case No.-452 Year-2024 Thana- RAXAUL District- East Champaran

====================================================== Raj Kumar Son of Bindeshwari Yadav Resident of Village - Tumariya Tola, P.S. - Haraiya, District - East Champaran

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

======================================================

with

CRIMINAL MISCELLANEOUS No. 6805 of 2025

Arising Out of PS. Case No.-452 Year-2024 Thana- RAXAUL District- East Champaran

====================================================== Rohit Kumar S/o Sonalal Ram Resident of village- Ratanpur, ward no 14, P.SRaxaul, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 13813 of 2025) For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Anuj Kumar Shrivastava (In CRIMINAL MISCELLANEOUS No. 6805 of 2025) For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 09-05-2025

Heard learned counsel for the petitioner as well as

learned APP for the State.

In this case, the petitioners are seeking regular bail in connection with Raxaul P.S. Case No. 452 of 2024, NDPS G.R. Case No. 105 of 2024, registered for the offences punishable under Sections 22(C) 23(C) and 29 of the NDPS

Patna High Court CR. MISC. No.13813 of 2025(3) dt.09-05-2025 2/3

Act, 1985.

As per allegation, 290 pieces of intoxicant tablets

and injections were recovered from the bed of the petitioner Rohit Kumar.

The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of petitioner Raj Kumar. He is under custody since 20.11.2024 and he is a person of clean antecedent.

Considering the above-mentioned facts and circumstances, let the petitioner namely Raj Kumar be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, East Champaran, Motihari in connection with Raxaul P.S. Case No. 452 of 2024, NDPS G.R. Case No. 105 of 2024, subject to the following condition that

(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) Before accepting the bail bond, the learned court below shall verify the criminal

Patna High Court CR. MISC. No.13813 of 2025(3) dt.09-05-2025 3/3

antecedent of the petitioner Raj Kumar and if it is found that he is involved in any other case, his

bail bond shall not be accepted.

So far as the petitioner Rohit Kumar is concerned, drugs have been recovered from his house, as such, perusal of the case diary is essential.

Call for a legible xerox copy of the case diary from the court of learned Sessions Judge/Special Judge, East Champaran, Motihari in connection with Raxaul P.S. Case No. 452 of 2024, NDPS G.R. Case No. 105 of 2024 so as to reach this Court within six weeks.

List the matter after six weeks.

(Nawneet Kumar Pandey, J)

kundan/-