Sachin Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Sachin Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions of weekly Sunday attendance at Deva Police Station, District Bara Banki (U.P.), cooperation in the trial, and one bailor being the petitioner's father and the other a blood relative; copy of the order to be communicated through FAX/e-mail to the Superintendent of Police, Bara Banki (Uttar Pradesh).

Issue for consideration

Whether the petitioner, in custody since 10.01.2025 in N.D.P.S. Case No. 23/2025 (offence under Sections 8, 20(b)(ii) B of the N.D.P.S. Act, alleged recovery of 6.245 kg ganja), is entitled to regular bail.

Court's answer

The application for regular bail is allowed on consideration of the delay in trial, only one witness having been examined till date.

Ratio / Principle

The petitioner is directed 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-cum-Special Judge, NDPS Act, Gaya/concerned Court below in connection with N.D.P.S. Case No. 23/2025 arising out of Gaya Rail P.S. Case No. 9 of 2025.

Key takeaways

Release is made subject to conditions, including that the petitioner mark his attendance at Deva Police Station, District- Bara Banki (Uttar Pradesh) on every Sunday of the month, default resulting in cancellation of bail bonds; further conditions require cooperation in the trial on each date fixed (personally or through lawyer) and that one bailor be the petitioner's father and the other a blood relative.ratio¶20

Detailed headnote1 paragraphs

Bail - NDPS Act - Sections 8, 20(b)(ii) B - Second bail application (earlier application rejected on 23.04.2025 in Cr. Misc. No. 21399 of 2025) - Alleged recovery of 6.245 kg of ganja from the petitioner, in custody since 10.01.2025 in N.D.P.S. Case No. 23/2025 arising out of Gaya Rail P.S. Case No. 9 of 2025 - Trial delayed, only one witness examined till date - Held, considering the delay in trial, regular bail allowed - Bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS Act, Gaya/concerned Court below - Conditions imposed: (i) attendance at Deva Police Station, District- Bara Banki (Uttar Pradesh) every Sunday, default entailing cancellation of bail bonds; (ii) cooperation in trial personally or through lawyer on each date fixed, non-compliance entailing cancellation; (iii) one bailor to be the petitioner's father and the other a blood relative - Copy of order to be communicated through FAX/e-mail to the Superintendent of Police, Bara Banki (Uttar Pradesh) for compliance (Sandeep Kumar, J; 16-01-2026).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81953 of 2025

Arising Out of PS. Case No.-9 Year-2025 Thana- GAYA RAIL P.S. District- Gaya

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

Sachin Kumar S/O Ramu R/O Village- Shahpur Rasoolpur, Gadi Shahpur, P.S- Deva, Distt.- Bara Banki (Uttar Pradesh).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Aryan Singh, Advocate For the Opposite Party/s : Ms.Renu Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 16-01-2026

Heard the learned counsel for the petitioner and the learned APP for the State.

This is the 2^nd attempt of the petitioner. The petitioner seeks bail in connection with N.D.P.S. Case No. 23/2025 arising out of Gaya Rail P.S. Case No. 9 of 2025 registered for the offence under Sections 8, 20(b)(ii) B of the N.D.P.S. Act.

Earlier the bail application of the petitioner was rejected on 23.04.2025 in Cr. Misc. No. 21399 of 2025.

As per the prosecution story, 6.245 kg of ganja was recovered from the possession of the petitioner who is custody since 10.01.2025.

Patna High Court CR. MISC. No.81953 of 2025(2) dt.16-01-2026 2/3

Learned counsel for the petitioner submits that in the trial only one witness has been examined till date.

Considering the delay in trial, this application for regular bail is allowed.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum- Special Judge, NDPS Act, Gaya/concerned Court below in connection with N.D.P.S. Case No. 23/2025 arising out of Gaya Rail P.S. Case No. 9 of 2025 subject to the following conditions:-

(i) The petitioner after being released on bail, is directed to mark his attendance at Deva Police Station, District- Bara Banki (Uttar Pradesh) on every Sunday of the month. Any default in appearance at the Police Station will result in cancellation of bail bonds of the petitioner.

(ii) the petitioner after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the Trial Court on each and every date fixed by the trial Court. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner.

(iii) one of the bailors should be the father of the petitioner and the another will be blood relative of the petitioner.

Let a copy of this order be communicate through

Patna High Court CR. MISC. No.81953 of 2025(2) dt.16-01-2026 3/3

FAX/ e-mail to the Superintendent of Police, Bara Banki (Uttar Pradesh) for its compliance.

(Sandeep Kumar, J)

tusharika/-

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