Patna High Court

Dinesh Kumar Gupta @ Dinesh Kumar SahversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Bail was not granted to the petitioner.

Summary

The petitioner, Dinesh Kumar Gupta, was arrested on 10 October 2025 for possession of 6.041 kg of ganja, alleged under Sections 8, 20(B)(ii)(B), 23 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He applied for bail before the Patna High Court. The court noted the large quantity of narcotic seized and, applying the stringent bail standards under the NDPS Act, was not inclined to grant bail. Consequently, the bail application was dismissed. The court indicated that the petitioner could seek bail again if the prosecution causes undue delay in the trial.

Issues considered

Whether bail should be granted to an accused under the NDPS Act when a large quantity of narcotic (6.041 kg) has been seized

Legislation cited

Narcotic Drugs and Psychotropic Substances Act — s. 20(B)(ii)(B), 23, 29, 8

Subjects

bail
NDPS Act
possession of narcotics
large quantity
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.15616 of 2026
                   Arising Out of PS. Case No.-442 Year-2025 Thana- LAURIA District- West Champaran
                 ======================================================
                 Dinesh Kumar Gupta @ Dinesh Kumar Sah Son of Late Amrica Sah Resident
                 of village - Writi tola, jagdishpur, Ps- Jagdishpur Dist- West Champaran


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. N. K. Agrawal, Sr. Advocate
                                                  Kumar Rajdeep, Advocate
                 For the State           :        Mr.Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                    Heard learned Senior Counsel for the petitioner and

                   learned APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Lauriya P.S. Case No. 442 of 2025 registered for the offence

                   punishable under Sections 8, 20(B)(ii)(B), 23 and 29 of the

                   N.D.P.S. Act.

                                  3. As per the precipitous case, the recovery is of 6.041

                   Kg. of ganja.

                                  4. The petitioner is in custody since 10.10.2025.

                                  5. Considering the huge recovery of ganja, I am not

                   inclined to grant bail to the petitioner.
           Patna High Court CR. MISC. No.15616 of 2026(2) dt.16-03-2026
                                                       2/2




                                  6. Accordingly, the application stands dismissed for

                     the present.

                                  7. If the trial is delayed by the prosecution, the

                     petitioner may renew his prayer for bail.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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