Patna High Court
Rakesh Kumar @ Rakesh Kumar SinghversusThe Union of India through Director Narcotics Control Bureau Pana
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Rakesh Kumar, applied for regular bail in a case where 11.2 kg of ganja was recovered from him and an additional 12.5 kg from co‑accused, under Sections 8, 20(b)(ii)(c) and 29 of the NDPS Act. The petitioner claimed innocence and had been in custody since 30 September 2025. The Union of India, represented by the ASG, opposed the bail, emphasizing the large quantity of narcotics seized. The Patna High Court, after hearing both sides, declined to grant regular bail, noting the seriousness of the offence and the substantial drug recovery. The court clarified that its observations were prima facie and limited to the bail application, not affecting the merits of the trial.
Issues considered
- Whether regular bail should be granted to the accused under Sections 8, 20(b)(ii)(c) and 29 of the NDPS Act in view of the large quantity of ganja recovered.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 29, 8
Subjects
- regular bail
- NDPS Act
- drug trafficking
- high court
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21862 of 2026
Arising Out of PS. Case No.-207 Year-2025 Thana- ARA RAIL P.S. District- Bhojpur
======================================================
Rakesh Kumar @ Rakesh Kumar Singh S/O Ravindra Singh Resident of
Village - Ram Ashadh P.S- Sandesh District- Bhojpur Ara
... ... Petitioner/s
Versus
The Union of India through Director Narcotics Control Bureau Pana Zonal
Unit,C.G.O complex, 4th floor, D and E block, Karpuri Sadan, Patna, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha
For the Opposite Party/s : Dr. K.N. Singh (A.S.G.)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard the learned counsel for the petitioner and
learned ASG for the Union of India.
2. The petitioner seeks regular bail in connection with
Ara Rail P.S. Case No. 207 of 2025 registered for the offence
under Sections 8, 20(b)(ii)(c) and 29 of the NDPS Act.
3. As per the prosecution case, there is recovery of
11.200 Kg of ganja from the petitioner. It is further alleged that
the police also recovered 12.500 Kg of ganja from other co-
accused.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 30.09.2025.
5. Per contra, learned ASG for the Union of India
Patna High Court CR. MISC. No.21862 of 2026(2) dt.07-04-2026
2/2
vehemently opposes the bail application.
6. Considering the huge recovery of ganja, this Court
is not inclined to grant regular bail to the petitioner.
Accordingly, this application for regular bail stands rejected.
7. 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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