Patna High Court
Pulkit SadaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the large quantity of ganja and the absence of an age-related ground justify dismissal of the bail application.
Summary
The petitioner, Pulkit Sada, applied for regular bail in an NDPS case where 127 kilograms of ganja were seized near the Koshi River and he allegedly fled the scene. He has been in custody since December 20, 2025 and claims innocence, citing that a co‑accused of similar involvement was granted bail. The State opposed, arguing that prima facie material links the petitioner to the offence and that the massive quantity seized exceeds commercial limits. The court noted that the co‑accused received bail due to advanced age (68 years), a factor not applicable to the petitioner, who is 48. Consequently, the court dismissed the bail application, emphasizing that its observations are preliminary and will not affect the trial.
Issues considered
- Whether regular bail should be granted to the accused in an NDPS case involving a large quantity of narcotics.
- Whether the age of the accused is a relevant factor for bail in this context.
- Whether the presence of prima facie material is sufficient to deny bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)(C), 29, 8
Subjects
- bail
- NDPS Act
- large quantity of narcotics
- age factor
- prima facie evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31587 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- RATANPUR District- Supaul
======================================================
Pulkit Sada S/O Late Satain Sada R/O Vill.- Piprahi, Piprahipatti, Ward No. 1,
P.s.- Ratanpur, District- Sapaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lakshmindra Kumar Yadav
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 14-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
N.D.P.S. Case No.86 of 2025, arising out of Ratanpura P.S. Case
No.65 of 2025 registered for the offence under sections 8/20(B)
(ii)(C)/29 of the N.D.P.S. Act.
3. It is alleged that 127 kilograms of ganja was
recovered from a bush situated near the bank of the Koshi River
and the petitioner allegedly fled away from the place of
occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 20.12.2025. It is further submitted
that similarly situated co-accused person namely Sahdeo Ray @
Kialu Ray @ Sahdev Rai @ Keelu Rai has been granted bail by
Patna High Court CR. MISC. No.31587 of 2026(2) dt.14-05-2026
2/2
this Court on 26.03.2026 in Cr. Misc. No. 6233 of 2026.
5. Per contra, learned counsel for the State
vehemently opposes the bail application and submits that there
exists prima facie material against the petitioner indicating his
involvement in the commission of the offence.
6. Considering the huge recovery of ganja, which is
much more than the commercial quantity, this Court is not
inclined to grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
dismissed. It is made clear that the similarly situated co-accused
namely, Sahdeo Ray @ Kialu Ray @ Sahdev Rai @ Keelu Rai,
was granted bail only because he was aged about 68 years and
this ground is not applicable in the case of the petitioner, who is
only 48 years old.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.