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Patna High Court

Sanni KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                       2/2




                     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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