Patna High Court
Shambhu SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail could not be granted to the petitioner.
Summary
Shambhu Singh applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 8, 20 and 21(c) of the NDPS Act. The prosecution alleged that a large quantity of contraband – 66 bottles of Corex cough syrup, 4 bottles of Nepali Saufi, 750 grams of ganja and two unregistered motorcycles – was recovered from the petitioner’s residence. The petitioner claimed innocence and had been in custody since 13 October 2025. The State opposed bail, emphasizing the seriousness of the offences and the volume of seized narcotics. The Court, after considering the gravity of the offences, declined to grant regular bail, stating that the observation was prima facie and would not affect the trial. The bail application was therefore rejected.
Issues considered
- Whether regular bail should be granted to the petitioner accused under the Bihar Prohibition and Excise Act and the NDPS Act given the seriousness of the alleged offences and the quantity of contraband seized.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 21(c), 8
Subjects
- regular bail
- NDPS Act
- Bihar Prohibition and Excise Act
- drug trafficking
- contraband seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1609 of 2026
Arising Out of PS. Case No.-703 Year-2025 Thana- SITAMARHI District- Sitamarhi
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Shambhu Singh S/O Late Laxmi Singh Resident of village -Bariyarpur, Ward
No.- 37, P.S- Sitamarhi,Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Dwij Raj
For the Opposite Party/s : Mr. Aditya Narayan Singh.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 30-03-2026 Heard the learned Senior counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in connection with
Sitamarhi P.S. Case No. 703 of 2025 registered for the offence
under Section 30(a) of the Bihar Prohibition and Excise Act and
Sections 8, 20, 21(c) of the NDPS Act.
3. As per the prosecution case, 66 bottles of
contraband Corex cough syrup, each of 100 ml (totaling 6.6
litres), 4 bottles of Nepali Saufi, each of 300 ml (totaling 1.2
litres), and 750 grams of Ganja were recovered. Two
motorcycles without valid papers were also recovered from the
house of the petitioner.
4. Learned Senior counsel for the petitioner submits
Patna High Court CR. MISC. No.1609 of 2026(4) dt.30-03-2026
2/2
that the petitioner is innocent and has not committed any
offence. Petitioner is in custody since 13.10.2025.
5. Learned counsel for the State vehemently opposes
the bail application and submits that the allegations against the
petitioner are serious and grave in nature.
6. Considering the gravity of the offences and the
quantity of contraband recovered, this Court is not inclined to
grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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