Patna High Court
Shivam SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, subject to bond and compliance conditions.
Summary
Shivam Singh was arrested in May 2025 for alleged possession of 3.068 kg of ganja, charged under Sections 8(c) and 20(b) of the NDPS Act, 1985. He had previously applied for regular bail twice, both of which were denied. Claiming innocence and having no prior criminal record, he filed a third bail application. The State opposed the bail, but the Patna High Court, after considering the facts, the length of custody, and the petitioner’s circumstances, allowed the bail application. The court ordered bail on a bond of Rs.10,000 with two sureties, subject to weekly attendance at Tilhar Police Station and cooperation with the trial proceedings.
Issues considered
- Whether regular bail should be granted to an accused under Sections 8(c) and 20(b) of the NDPS Act, 1985 after prior bail denials and a prolonged period of custody.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 20(b), 8(c)
Subjects
- NDPS Act
- regular bail
- drug offence
- Section 8
- Section 20
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14695 of 2026
Arising Out of PS. Case No.-201 Year-2025 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
Shivam Singh Son of Jagvir Singh @ Jagveer Singh Resident of Village-
Azamabad, P.S.- Tilhar, District- Shahjahapur (U.P.)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saharsh Shubham
For the Opposite Party/s : Mrs. Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Kudra P.S. Case No. 201 of 2025, registered under Sections
8(c), 20(b) of the N.D.P.S. Act, 1985.
3. This is the 3rd attempt of the petitioner. Earlier, the
prayer for grant of regular bail to the petitioner was rejected
vide order dated 25.06.2025 passed in Cr. Misc. No. 38875 of
2025 and vide order dated 31.10.2025 passed in Cr. Misc. No.
66571 of 2025.
4. As per prosecution case, recovery is of 3.068 Kg. of
ganja from the petitioner.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Petitioner has no criminal antecedent and he is in
Patna High Court CR. MISC. No.14695 of 2026(2) dt.25-02-2026
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custody since 09.05.2025.
6. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case
and period of custody, this application is allowed.
8. Let the petitioner above named, be granted bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Sessions Judge-cum-Special Judge,
Kaimur at Bhabua /concerned court below in connection with
Kudra P.S. Case No. 201 of 2025, subject to conditions that:
(i) The petitioner will mark his attendance at
Tilhar Police Station on every Sunday of each
month. Any default in appearance at the local
Police Station will result into cancellation of his
bail bond.
(ii) As a condition of this order, 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 in the trial.
Non-compliance of the condition will result in
cancellation of the bail bonds of the petitioner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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