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Patna High Court

VIJAY KUMAR SAHversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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