Patna High Court
Amish SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, given the contraband was only marginally above the small‑quantity threshold and there was no evidence of the petitioner’s involvement in its possession or of any witness tampering, bail could be granted subject to conditions.
Summary
Amish Singh, a driver, was arrested after a Scorpio was found containing 1.7 kg of ganja, a pistol, a live cartridge and 2.5 litres of liquor. He was charged under Sections 317(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, the Bihar Prohibition and Excise Act, the Arms Act and several provisions of the NDPS Act. The petitioner claimed false implication, noting that no incriminating material was recovered from his possession, he had no knowledge of the goods, and the quantity seized was only marginally above the small‑quantity limit, making Section 37 of the NDPS Act inapplicable. The State opposed bail, but the court observed the lack of evidence of tampering, the petitioner’s limited role, and the short period of custody, and therefore granted bail on a cash bond of Rs.15,000 with two sureties and specific conditions. The bail may be cancelled if the petitioner violates any of the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the offences under the NDPS, Arms and Prohibition Acts
- Whether the quantity of narcotics seized makes Section 37 of the NDPS Act applicable
- Whether Sections 42 and 50 of the NDPS Act have been complied with
- Whether there is a likelihood of the accused tampering with evidence or influencing witnesses
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 318(4)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)IIB, 29, 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- drug trafficking
- arms possession
- prohibition law
- criminal procedure
- small quantity
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2854 of 2026
Arising Out of PS. Case No.-397 Year-2025 Thana- PANCHRUKHI District- Siwan
======================================================
Amish Singh Son of Bijendra Singh Resident of Village - Vishwavaniya, P.S.
- Darauli, District - Siwan, Bihar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sachin Raj, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Pachrukhi P.S. Case No. 397 of 2025, instituted for the offences
under Sections 317(5), 318(4) of the Bharatiya Nyaya Sanhita,
2023, u/s 30(a) of the Bihar Prohibition and Excise Act, u/s
25(1-B)(a), 26 and 35 of the Arms Act and u/s 8, 20(B)IIB and
29 of the N.D.P.S. Act.
3. Prosecution case, in short, is that 1.7 kg of Ganja,
one country made pistol, one live cartridge and 2.5 litres of
liquor has been recovered from the Scorpio. The petitioner was
arrested on the spot.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.2854 of 2026(3) dt.10-03-2026
2/3
Charge-sheet has been submitted in this case. Petitioner is in
custody since 30.08.2025 and has one criminal antecedent.
There is no allegation of tampering of witnesses alleged against
the petitioner. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner is
the driver of the alleged vehicle and he has no knowledge
regarding nature of goods loaded on the vehicle. The recovered
contraband is just above the small quantity, and hence, Section
37 of the N.D.P.S. Act is not applicable in the present case.
There is no compliance of Sections 42 and 50 of the N.D.P.S.
Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, recovered contraband being just above the small
quantity as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Pachrukhi P.S. Case
No. 397 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.2854 of 2026(3) dt.10-03-2026
3/3
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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