Patna High Court
CR. MISC./59195/2026 of Budhan Kumar Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59195 of 2026 Arising Out of PS. Case No.-131 Year-2026 Thana- NADI P.S. District- Patna ====================================================== Budhan Kumar S/o Dhaneshwar Rai R/o vill - Kala Diyar, P.s.- Salimpur, Distt.- Patna ... ...
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59195 of 2026
Arising Out of PS. Case No.-131 Year-2026 Thana- NADI P.S. District- Patna ======================================================
Budhan Kumar S/o Dhaneshwar Rai R/o vill - Kala Diyar, P.s.- Salimpur, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Kaustubh Prakash, Advocate
For the Opposite Party/s :
Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
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ORAL ORDER
19-08-2026 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P appearing for the State.
2. The petitioner seeks regular bail in connection with Nadi P.S. Case no. 131/2026 registered for the offences punishable under Sections 8, 20(b)(ii)(B) of the N.D.P.S Act.
3. According to the prosecution case, on 07.04.2026 at about 05:50 P.M., 2.118 Kg ganja was recovered from the black coloured backpack of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He next submits that no any incriminating article has been recovered from the conscious possession of the petitioner and the alleged bag from which alleged ganja has been recovered does not belong to the petitioner. He next submits that the alleged recovery of 2.118 kg ganja is of intermediate quantity Patna High Court CR. MISC. No.59195 of 2026(2) dt.19-08-2026
and thus the stringent conditions of Section 37 of the N.D.P.S. Act do not apply in this case. He further submits that the procedure laid down under Section 50 of the N.D.P.S Act has not been complied with by the prosecution. He further submits that charge sheet has already been submitted against the petitioner and the petitioner is in custody since 08.04.2026. He further submits that the petitioner has no criminal antecedent, as per paragraph 3 of the bail application, therefore, the petitioner deserves regular bail.
5. Learned A.P.P appearing on behalf of the State vehemently opposed the prayer for bail of the petitioner and submits that the alleged ganja was recovered from the conscious possession of the petitioner and the petitioner was well aware of the alleged ganja, therefore, the petitioner does not deserve regular bail.
6. Considering the quantum of recovery of ganja, which is of intermediate quantity, from the possession of the petitioner and the period of custody as well as the fact that charges have been framed against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court Patna High Court CR. MISC. No.59195 of 2026(2) dt.19-08-2026
of learned Special Judge (N.D.P.S) Act, Patna in connection with Nadi P.S. Case No. 131/2026 , subject to the following conditions :
(i) 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.
(ii) 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.
(iii) 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 antecedents, 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.
dhaneshwar/- (Girijish Kumar, J) U T