Patna High Court
VIJAY KUMAR SAHversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied regular bail to the petitioner.
Summary
The petitioner, Vijay Kumar Sah, applied for regular bail in a case registered under Sections 8, 20(b)(ii)(c) and 25 of the NDPS Act, alleging recovery of 28.512 kg of ganja from a car he was driving. The prosecution contended that the large quantity seized indicated the petitioner’s involvement in a serious drug offence. The petitioner’s counsel argued that he was innocent and had not committed any offence, and highlighted that he had been in custody since 15 October 2025. The State opposed the bail, emphasizing the seriousness of the offence and the quantity of narcotics involved. The Court, after considering the facts, declined to grant regular bail, stating that the observations were prima facie and limited to the bail application. The bail application was therefore rejected, without prejudice to the merits of the trial.
Issues considered
- Whether regular bail can be granted to an accused under the NDPS Act when a large quantity of narcotics (28.512 kg) has been seized.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 25, 8
Subjects
- regular bail
- NDPS Act
- drug trafficking
- large quantity seizure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21988 of 2026
Arising Out of PS. Case No.-421 Year-2025 Thana- BAISI District- Purnia
======================================================
Vijay Kumar Sah S/O Vishwakarma Sah R/O Vill.- Lalpur, Ward No. 20, P.S.-
Lalpur, Dist.- Ranchi, Jharkhand.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh
For the Opposite Party/s : Mr. Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Baisi P.S. Case No. 421 of 2025 registered for the offence under
Sections 8, 20(b)(ii)(c) and 25 of the NDPS Act.
3. As per the prosecution case, there is recovery of
28.512 Kg of ganja from the car, being driven by the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 15.10.2025.
5. Per contra, learned APP for the State vehemently
opposes the bail application.
6. Considering the recovery of a huge quantity of
Patna High Court CR. MISC. No.21988 of 2026(2) dt.08-04-2026
2/2
ganja from the car, being driven by the petitioner, 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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