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Patna High Court

Ajay Kumar Sethy @ Ajaya Kr. Sethi @ PinkuversusUnion of India through N.C.B. Patna

Decided
Disposal
DISMISSED

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

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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