Patna High Court
Sanni KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted as the petitioner is a drug peddler and the nature of the offence under the NDPS Act warrants denial of bail.
Summary
The petitioner, Sanni Kumar, was arrested in connection with a case registered under Sections 8(c) and 21(b) of the NDPS Act, where 10 pouches of smack were recovered from him. He claimed innocence, asserted that he was falsely implicated, and highlighted his three prior criminal antecedents while seeking regular bail. The State opposed the bail application, arguing the seriousness of the offence. The High Court, noting that the petitioner is a drug peddler and considering the nature of the NDPS offences, declined to grant bail. The application was dismissed, with the court indicating that the petitioner could re‑apply for bail if the trial is delayed due to prosecution fault, and that the order does not prejudice the merits of the case.
Issues considered
- Whether bail should be granted to an accused under Sections 8(c) and 21(b) of the NDPS Act who is alleged to be a drug peddler and has prior criminal antecedents.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- drug peddler
- criminal antecedent
- high court
- bail application
- Section 8(c)
- Section 21(b)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39576 of 2026
Arising Out of PS. Case No.-186 Year-2026 Thana- GOPALPUR District- Patna
======================================================
Sanni Kumar Son of Bablu Prasad Yadav @ Bablu Prasad R/o- Sirpatpur,
P.S.- Gopalpur, Distt- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Jiban Pd Singh, Advocate
For the State : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Gopalpur P.S. Case No. 186 of 2026 registered for the offence
punishable under Sections 8(c) and 21(b) of the NDPS Act.
3. As per the prosecution case, total 23 pouches
(puriya) of smack was recovered from the three accused persons
which weighs 9.580 grams. The recovery from the petitioner is
of 10 pouches (Puriya).
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner has three criminal antecedent and is in
custody since 12.04.2026.
5. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.39576 of 2026(2) dt.22-06-2026
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prayer for regular bail of the petitioner.
6. Considering the fact that the petitioner is a drug
peddler, I am not inclined to grant bail to the petitioner for the
present.
7. Accordingly, the application stands dismissed.
8. If the trial is delayed due to the fault of the
prosecution, the petitioner may renew his prayer for bail.
9. 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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