Harendra Pandey Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

Harendra Pandey Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

Regular bail: petitioner to be released on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Siwan/concerned court, subject to conditions (cooperation in trial; close-relative bailor; appearance on every trial date with cancellation liberty on two consecutive absences; pre-release verification of criminal antecedents; immediate cancellation liability on repetition of any offence).

Issue for consideration

Whether the petitioner, implicated in Goreyakothi P.S. Case No. 25 of 2026 under Sections 20(B)(ii)(c)/22 NDPS Act after alleged recovery of 10.300 kg ganja, is entitled to regular bail, where the recovered quantity was contended to be non-commercial/intermediate.

Court's answer

Regular bail granted having regard to the entire facts and circumstances, the petitioner's age of about 60 years, and the court's assessment that the quantity recovered is not a commercial quantity.

Ratio / Principle

Petitioner directed to furnish bail bond; on doing so, the court below to release him 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, Siwan/concerned court.

Key takeaways

Bail condition: one of the bailors must be a close relative of the petitioner such as mother, father, brother, sister or wife.ratio¶¶25
Bail condition: petitioner to appear on each and every date fixed by the trial court; failure on two consecutive dates (unless prevented by extremely adverse circumstances) leaves the court below at liberty to cancel the bail bond.ratio¶¶26
Pre-release condition: the court below shall verify the petitioner's criminal antecedent; if he is found involved in any case other than the one mentioned in para-3 of the bail petition, his bail bond will not be accepted, and there shall be no delay in such verification.

Detailed headnote1 paragraphs

Patna High Court (Raj Kumar, J.) allowed regular bail in Criminal Miscellaneous No. 27236 of 2026 to Harendra Pandey (aged about 60 years), accused under Sections 20(B)(ii)(c) and 22, NDPS Act, in Goreyakothi P.S. Case No. 25 of 2026 (District Siwan), arising from a raid on 19.01.2026 in which 4 kg ganja was allegedly recovered from a room of his house and 6.300 kg from a white Breeza car (Regn. No. BR-29Z-3482), totalling 10.300 kg. Bail was granted because the court found the quantity recovered was not a commercial quantity and the petitioner is aged about 60 years; bond of Rs. 10,000/- with two like sureties to the learned Sessions Judge, Siwan, subject to conditions: cooperation in the trial; one bailor to be a close relative (mother, father, brother, sister or wife); appearance on every trial date, with liberty to cancel the bond on two consecutive absences; pre-release verification of criminal antecedents, with the bond to be rejected if involvement in any case beyond that disclosed in para-3 of the bail petition surfaces and no delay permitted in verification; and immediate cancellation liability upon repetition of any offence. Learned APP stated the charge-sheet had been filed; petitioner's counsel stated he has one criminal antecedent in which he is already on bail.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27236 of 2026

Arising Out of PS. Case No.-25 Year-2026 Thana- GORIAKOTHI District- Siwan

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

Harendra Pandey S/o Late Pahwari Pandey R/o Village - Hullash Chapra, P.S - Goria Kothi, District - Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sarvesh Kashyap, Adv. For the Opposite Party/s : Md. Mustaque, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR ORAL ORDER

3 20-07-2026

Heard the learned counsel for the petitioner as well

as the learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in

connection with Goreyakothi P.S. Case No. 25 of 2026, registered for the offences punishable under Sections 20(B)(ii) (c), 22 of the NDPS Act languishing in custody since 19.01.2026.

The prosecution case, in brief, is that on 19.01.2026, at about 08:00 A.M., the informant, who was posted as the SHO, Goreyakothi, received information regarding the illegal storage of ganja . Acting upon the said information, a raid was conducted at the house of the petitioner, Harendra Pandey. It is alleged that during search, 4

Patna High Court CR. MISC. No.27236 of 2026(3) dt.20-07-2026 2/4

kg of ganja was recovered from the room and a further 6.300 kg of ganja was recovered from a white Breeza car bearing registration no. BR-29Z-3482, thus, a total of 10.300 kg of ganja was recovered. On the basis of the said recovery, the petitioner has been implicated in the present case.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from his conscious possession. He has further submitted that the petitioner is aged about 60 years and has been falsely implicated solely on account of his close association with coaccused, Deepak Sahani, as stated in paragraph no. 10 of the bail application. He has further submitted that the quantity of recovered ganja allegedly is much below the commercial quantity and falls within the ambit of an intermediate quantity. He has also submitted that the petitioner has one criminal antecedent, as mentioned in paragraph no. 3 of the bail application, in which, he is on bail.

On the other hand, learned APP for the State has opposed the prayer for bail and submitted that the recovery is of intermediate quantity. He has further submitted that the charge-sheet has already been submitted in the present case.

Patna High Court CR. MISC. No.27236 of 2026(3) dt.20-07-2026 3/4

Taking into account the entire facts and

circumstances of the case, as well as the fact that the petitioner is aged about 60 years and the quantity recovered is not a commercial quantity, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner 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, Siwan/concerned court in connection with Goreyakothi P.S. Case No. 25 of 2026, subject to the following conditions:-

(i) The petitioner shall cooperate in the disposal of trial.

(ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife.

(iii) The petitioner will appear on each and every date fixed by the trial court and if, he fails to do so on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(iv) Before release, the learned court below shall verify the criminal antecedent of the petitioner and if he is found involved in any case other than the case as mentioned

Patna High Court CR. MISC. No.27236 of 2026(3) dt.20-07-2026 4/4

in para-3 of the bail petition, his bail bond will not be accepted.

(v) It is also made clear that there shall not be any delay in verifying the criminal antecedent of the petitioner.

(vi) If he repeats any offence, his bail bond shall be liable to be cancelled immediately by the learned court below.

(Raj Kumar, J)

Nirmal/- U T