Patna High Court
Tarachand KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied to the accused.
Summary
Tarachand Kumar, the driver of a truck, was arrested after 329 kg of ganja was seized from his vehicle. He was charged under Sections 8, 20(b)(ii)(c), 25 and 29 of the NDPS Act and applied for regular bail. The Patna High Court considered the substantial quantity of narcotics involved and the seriousness of the offences. The Court held that the gravity of the case warranted denial of regular bail. Consequently, the bail application was rejected, and the prosecution was directed to expedite the trial and ensure witness attendance.
Issues considered
- Whether regular bail should be granted to the accused in a case involving a large quantity of narcotics under the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 25, 29, 8
Subjects
- NDPS Act
- regular bail
- drug trafficking
- large quantity of narcotics
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25075 of 2026
Arising Out of PS. Case No.-400 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
Tarachand Kumar Son of Mahendar Sahani Resident of Village- Chil Jhapti,
Ward No. 1, P.S.- Sugauli, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Mairwan P.S. Case No. 400 of 2025 registered for the offence
under Sections 8, 20(b)(ii)(c), 25 and 29 of the NDPS Act.
3. A total of 329 kg of ganja was recovered from the
truck which was being driven by the petitioner. Petitioner is in
custody since 27.09.2025.
4. Having considered the submissions of the parties
and the materials on record and taking into account the
substantial quantity of contraband allegedly recovered, this
Court is not inclined to grant regular bail to the petitioner.
5. Accordingly, this application for regular bail stands
Patna High Court CR. MISC. No.25075 of 2026(2) dt.16-04-2026
2/2
rejected. The prosecution is directed to expedite the trial. The
Superintendent of Police, Siwan is further directed to ensure the
attendance of the witnesses in the trial on the dates fixed.
6. 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.
7. Let a copy of this order be communicated to the
Superintendent of Police, Siwan through FAX or e-mail for
immediate compliance.
(Sandeep Kumar, J)
Shishir/-
U T
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