Patna High Court – Orders
Satendra Kumar vs The State Of Bihar on 25 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90161 of 2024
Arising out of PS. Case No.-391 Year-2024 Thana- WAJIRGANJ District- Gaya
======================================================
Satendra Kumar, Son of Late Amir Singh, Resident of Village - Beranti, P.S. -
Deepnagar, District - Nalanda, Bihar Sharif
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 4842 of 2025
Arising out of PS. Case No.-391 Year-2024 Thana- WAJIRGANJ District- Gaya
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Abhishek Kumar, Son of Satyendra Narayan Singh @ Satyendra Narayan, vil-
lage- Bhawani Bigha P.S- Silao Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 90161 of 2024)
For the Petitioner/s : Mr. Ravi Ranjan Kumar, Advocate
For the Opposite Party/s: Mr. Raj Kishor Singh, APP
(In CRIMINAL MISCELLANEOUS No. 4842 of 2025)
For the Petitioner/s : Mr. Ansul, Senior Advocate
Mr. Aditya Raj Singh, Advocate
Mr. Gautam Kumar, Advocate
Mr. Pratyush, Advocate
For the Opposite Party/s: Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 25-06-2025
Heard Mr. Ansul, learned senior counsel for the peti-
tioner namely Abhishek Kumar and Mr. Ravi Ranjan Kumar,
learned counsel for the petitioner namely Satendra Kumar and
Mr. Raj Kishor Singh and Mr. Jagdhar Prasad, learned Addi-
tional Public Prosecutors for the state.
Patna High Court CR. MISC. No.90161 of 2024(4) dt.25-06-2025
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2. The petitioners seek bail in a case instituted for the
offences under Sections 20/22(c) of NDPS Act. Petitioner
namely Satendra Kumar has one criminal antecedent, i.e., Be-
gusarai Rail P.S. Case 9 of 2017 of NDPS Act and Petitioner
namely Abhishek Kumar has one criminal antecedent, i.e., Silao
P.S. Case No. 60 of 2022 registered under Sections 147, 149,
341, 323, 325, 307 and 505 IPC.
3. As per the prosecution case, on secret information
two persons were apprehended who tried to flee, however, they
were chased and apprehended and they disclosed their names as
Satendra Kumar and Abhishek Kumar and on search total 9.5
Kgs. Ganja was recovered from the trolley belonging to the peti-
tioner namely Satendra Kumar and 12 Kgs Ganja was recovered
from the trolley belonging to the petitioner namely Abhishek
Kumar.
4. Learned senior counsel for the petitioners submits
that the petitioners have falsely been implicated in this case and
admittedly the narcotic substance was kept on the top of the
tempo and was not recovered from the conscious physical pos-
session of the petitioners. It is further submitted by learned se-
nior counsel for the petitioners that petitioners have falsely been
implicated in this case at the behest of the police and seizure
Patna High Court CR. MISC. No.90161 of 2024(4) dt.25-06-2025
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was not prepared under the prescribed provisions of NDPS Act.
It is lastly submitted by learned senior counsel for the petition-
ers that the petitioners have one criminal antecedent and they
are in custody since 18.06.2024.
5. Learned Additional Public Prosecutors for the State
have vehemently opposed the prayer for bail of the petitioners
and have submitted that two persons were apprehended with
Ganja and jointly it would amount to commercial quantity as
such they should not be released on bail.
6. Considering the aforesaid submissions of learned
counsels and taking into account the individual recovery of
Ganja from the petitioners and the period of custody, the peti-
tioners above named, are directed to be released on bail on fur-
nishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Special Judge/Additional Sessions Judge 17 th, Gaya
or the Court concerned in connection with Wazirganj P.S. Case
No. 391 of 2024, subject to the the following conditions:-
(i) One of the bailors will be a
close relative of the petitioners.
(ii) The petitioners will remain
present on each and every date fixed by the
Patna High Court CR. MISC. No.90161 of 2024(4) dt.25-06-2025
4/5Court below, if so required by the learned Trial
Court.
(iii) In case of absence on two con-
secutive dates or in violation of the terms of the
bail, the bail bond of the petitioners will be li-
able to be canceled by the Court concerned.
(iv) And further condition that the
court below shall verify the criminal antecedent
of the petitioners except above-mentioned one
case and in case at any stage it is found that the
petitioners have concealed their criminal an-
tecedents except above-mentioned one case, the
court below shall take step for cancellation of
bail bond of the petitioners. However, the ac-
ceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for pur-
pose of the same or in the name of verification.
7. In view of the antecedents of the petitioners, the
petitioners are directed to appear before the Superintendent of
Police, Gaya within fifteen days of their release with a copy of
this order and every two weeks thereafter for the next nine
months. The conduct of the petitioners will be kept under watch
Patna High Court CR. MISC. No.90161 of 2024(4) dt.25-06-2025
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in this period by the Superintendent of Police concerned and if it
is found wanting in any respect, a report shall be made to the
court concerned by him to initiate a proceeding for cancellation
of bail for reasons of misuse of bail. After reporting to the Su-
perintendent of Police, a certificate will be filed by the petition-
ers before the court concerned.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Vikash/-
U T