Patna High Court
Ajay Kumar Sethy @ Ajaya Kr. Sethi @ PinkuversusUnion of India through N.C.B. Patna
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court declined to grant bail to the petitioner.
Summary
The petitioner, Ajay Kumar Sethy, applied for regular bail in a case registered under the NDPS Act for the alleged possession of 544 kg of ganja. The prosecution alleged that the offence fell under Sections 8(c), 20(b)(ii)(c), 25 and 29 of the NDPS Act. The petitioner had been in custody since 4 November 2023 and four of nine witnesses had already been examined. The court considered the massive quantum of the drug seizure and the fact that the trial was still ongoing. Concluding that the circumstances did not warrant bail, the court refused the bail application and ordered the prosecution to expedite the trial. The order was limited to the bail application and did not prejudice the merits of the case.
Issues considered
- Whether regular bail can be granted to the accused under the NDPS Act in view of the large quantity of narcotics seized and the stage of the trial
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- narcotics seizure
- regular bail
- large quantity of drugs
- trial proceedings
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26034 of 2026
Arising Out of PS. Case No.-14 Year-2023 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Aurangabad
======================================================
Ajay Kumar Sethy @ Ajaya Kr. Sethi @ Pinku S/O Uttam Sethy Resident of
Village- Tahsil Colony ( Regha Khol), P.S- Regha Khol, Distt.- Sambhalpur
( Urisa).
... ... Petitioner/s
Versus
Union of India through N.C.B. Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Pandey
For the Opposite Party/s : Mr.Dr Krishna Nandan Singh (Asg)
For the State : Mr. Jharkhandi Upadhyay.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard the parties.
2. The petitioner seeks regular bail in connection
with NCB P.S. Case No. 14 of 2023 registered for the offence
under Sections 8©, 20(b), (ii)©, 25, 29 of NDPS Act.
3. As per the prosecution case, the recovery is of
544 Kg of Ganja.
4. The petitioner is in custody since 4.11.2023 and
in the trial, out of 9 witnesses, four witnesses have already been
examined in the trial.
5. Considering the quantum of recovery and the
fact that the trial is progressing, this Court is not inclined to
grant bail to the petitioner.
Patna High Court CR. MISC. No.26034 of 2026(2) dt.20-04-2026
2/2
6. Accordingly, this application is dismissed.
7. The prosecution is directed to expedite the trial of
the petitioner failing which the concerned I.O. will appear in
this Court.
8. 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
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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