Patna High Court
Shashi Kumar Singh @ Kala SiyarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail, holding that the quantity of narcotic seized warranted denial of bail.
Summary
The petitioner, Shashi Kumar Singh, was arrested in connection with a case registered under Sections 8(c) and 21(b) of the NDPS Act for possession of 7.17 grams of smokeless tobacco (smack). He applied for regular bail, claiming innocence, and had been in custody since January 3, 2026. The prosecution opposed the bail, noting the recovery of a total of 31.56 grams of the substance, of which the petitioner possessed 7.17 grams. The court considered the quantity to be more than a 'small' amount under the NDPS Act and was not inclined to grant bail. Consequently, the application for regular bail was rejected.
Issues considered
- Whether regular bail should be granted to an accused under Sections 8(c) and 21(b) of the NDPS Act when a quantity exceeding the statutory 'small' amount is recovered.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- NDPS Act
- regular bail
- possession of narcotics
- small quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15511 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- GAURICHAK District- Patna
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Shashi Kumar Singh @ Kala Siyar S/o- Bina Singh Resident of- Sona
Gopalpur, P.S.- Gopalpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Prasad
For the Opposite Party/s : Mr. Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Gaurichak P.S. Case No. 03 of 2026 registered for the offence
under Sections 8(c)/21(b) of the NDPS Act.
3. According to the prosecution, a total of 31.56
grams of smack was recovered from the accused persons, out of
which 7.17 grams were recovered from the possession of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 03.01.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.15511 of 2026(2) dt.16-03-2026
2/2
6. Considering the recovery of more than a small
quantity, this Court is not inclined to grant regular bail to the
petitioner.
7. Accordingly, this application for regular bail stands
rejected for the present.
(Sandeep Kumar, J)
Shishir/-
U T
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