Patna High Court
Sunil Singh @ Sunil Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Criminal Procedure Code (CrPC) — s. 482(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii) c, 22(c), 25, 29, 8(c)
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/-
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