Created by Fuzzy Cloud

Patna High Court

Sunil Singh @ Sunil Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioners, subject to surrender and bail bond conditions.

Summary

Sunil Singh and Sipahi Singh applied for anticipatory bail fearing arrest in a drug case (Kochas PS Case No. 265 of 2024) under Sections 8(c), 20(B)(ii) c, 22(c), 25 and 29 of the NDPS Act, where 450 kg of ganja was seized from a Hyva truck. The prosecution alleged that the petitioners were part of the contraband operation, while the petitioners contended they were neither owners nor drivers of the vehicle and had no possession of the seized narcotics. The court examined the material on record and found no direct link between the petitioners and the recovered drugs. Consequently, the High Court granted anticipatory bail, directing the petitioners to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 482(2) of the CrPC. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the NDPS Act allegations.
  • Whether there is sufficient material evidence to justify the arrest of the petitioners.
  • Whether the petitioners' alleged involvement based on secret information is sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • drug trafficking
  • bail conditions
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25224 of 2026
                        Arising Out of PS. Case No.-265 Year-2024 Thana- KOCHAS District- Rohtas
                 ======================================================
           1.     Sunil Singh @ Sunil Kumar Singh Son of Ghurhu Singh @ Amar Narain
                  Singh Resident of Village - Bhagiratha, P.S. Dinara, District - Rohtas.
           2.    Sipahi Singh @ Sipahi Rai Son of Shankar Singh @ Ramashankar Singh
                 Resident of Village - Bhagiratha, P.S. Dinara, District - Rohtas.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jitesh Singh, Advocate
                                                  Mr. Mayank Singh, Advocate
                                                  Mr. Aryan Sinha, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-06-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The instant application for anticipatory bail has

                   been filed by the petitioners apprehending their arrest in

                   connection with Kochas P.S. Case No. 265 of 2024 instituted for

                   the offence under Sections 8(c), 20(B)(ii) c, 22(c), 25 and 29 of

                   the NDPS Act.

                                 3. The case of the prosecution is that the police had

                   information that the petitioners along with others are carrying

                   contraband on Hyva truck. On this information, police started

                   checking vehicles. It is alleged that as they reached near Hyva

                   truck, certain persons started fleeing from there and they could
Patna High Court CR. MISC. No.25224 of 2026(2) dt.23-06-2026
                                            2/3




          not be apprehended by the police from the Hyva truck.

          Thereafter, altogether 450 kg of ganja was recovered.

                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have falsely been implicated in this

          case. Learned counsel for the petitioners has further submitted

          that nothing has been recovered from the possession of the

          petitioners. Recovery has been made from Hyva truck.

          Petitioners are neither owner nor driver of the said vehicle. They

          have no concern with the alleged recovery. The name of these

          petitioners has surfaced on the basis of secret information to the

          police. Learned counsel has submitted that allegation of NDPS

          Act is not made out against these petitioners. A statement has

          been made in para-3 of this petition that the petitioners have got

          no criminal antecedent.

                       5. In contra, learned APP appearing for the State has

          opposed the prayer of bail of the petitioners.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioners on bail. The

          petitioners are directed to surrender in the Court below within a

          period of four weeks from today and in the event of their arrest
            Patna High Court CR. MISC. No.25224 of 2026(2) dt.23-06-2026
                                                        3/3




                      or surrender in connection with Kochas P.S. Case No. 265 of

                      2024, they will be enlarged on bail on furnishing bail bond of

                      Rs. 10,000/- (Rupees ten thousand) each with two sureties of the

                      like amount each to the satisfaction of learned Sessions Judge,

                      Rohtas at Sasaram subject to the conditions as laid down under

                      section 482(2) of B.N.S.S,



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.