Patna High Court
Akshay KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted and dismissed the petitioner's bail application.
Summary
The petitioner, Akshay Kumar, applied for regular bail in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 4.790 kg of ganja recovered from a Scorpio. The prosecution alleged that the seized quantity was large, invoking sections 8(c), 20(B) ii(B) and 25 of the NDPS Act. The petitioner’s counsel argued that he was falsely implicated, had no incriminating articles in his possession, and was willing to cooperate, despite having one prior criminal antecedent and being in custody since 30‑10‑2025. The Additional Public Prosecutor opposed the bail, emphasizing the seriousness of the drug seizure. The Court, considering the magnitude of the recovery, was not inclined to grant bail and dismissed the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act in view of the large quantity of narcotics seized.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B) ii(B), 25, 8(c)
Subjects
- bail
- NDPS Act
- drug trafficking
- regular bail
- court discretion
- seizure of narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1189 of 2026
Arising Out of PS. Case No.-333 Year-2025 Thana- KARAHGAR District- Rohtas
======================================================
Akshay Kumar S/O Late Ram Naresh Singh@S/O Late Ram Naresmh Singh
R/O Village - Trilokpur, P.S- Kargahar, Dist.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr.Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Kargahar P.S. Case No. 333/2025 registered for the offences
punishable under Sections 8(c), 20(B) ii(B), 25 of N.D.P.S. Act.
3. As per the prosecution case, 4.790 kg of ganja was
recovered from a Scorpio.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has one criminal
antecedents and he is in custody since 30.10.2025. The
petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.1189 of 2026(4) dt.09-04-2026
2/2
for regular bail of the petitioner.
6. Considering the huge recovery, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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