Patna High Court
Vijay Kumar DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted to the petitioner.
Summary
The petitioner, Vijay Kumar Das, was arrested on 6 December 2025 after police recovered 9 kg of ganja from him and he was charged under Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He filed a bail application claiming innocence, alleging that the drugs were planted by the police, and highlighted his clean antecedent. The learned counsel for the State opposed bail, emphasizing the large quantity of narcotics involved. Justice Sandeep Kumar, after hearing both sides, was not inclined to grant bail given the seriousness of the offence and the substantial seizure. Consequently, the bail application was dismissed, with the petitioner permitted to approach the court again only if the prosecution causes undue delay in the trial. The order expressly limited its observations to the bail application and did not prejudice the merits of the case.
Issues considered
- Whether bail should be granted to a person accused under Sections 8 and 20(b)(ii)(B) of the NDPS Act for possession of 9 kg of ganja.
- Whether the alleged planting of evidence and the petitioner's clean antecedent warrant bail despite the large quantity of narcotics.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- drug possession
- large quantity
- presumption of guilt
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25895 of 2026
Arising Out of PS. Case No.-114 Year-2025 Thana- Bathnaha District- Araria
======================================================
Vijay Kumar Das Son of Mahendra Das Resident of village-Pathardewa PS-
Bathnaha Distt- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Kumar, Advocate
For the State : Mr.Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bathnaha P.S. Case No. 114 of 2025 registered for the offence
punishable under Sections 8, 20(b)(ii)(B) of the NDPS Act.
3. The petitioner was caught with 9 kg of ganja and is
in custody since 06.12.2025.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case and the ganja is alleged to have been planted by the
police. He further submits that the petitioner has clean
antecedent.
5. Considering the huge recovery of ganja, I am not
inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.25895 of 2026(2) dt.20-04-2026
2/2
6. Accordingly, the application stands dismissed with
liberty to the petitioner to approach this Court if the trial is
delayed by the prosecution.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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