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Patna High Court

Sunil Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that regular bail could not be granted due to the seriousness of the offence, the large quantity of narcotics recovered, and the petitioner’s antecedent.

Summary

The petitioner, Sunil Kumar Singh, applied for regular bail in a case registered under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act concerning the alleged sale and smuggling of 60 kg of ganja. The prosecution alleged that the petitioner, the son of the vehicle's registered owner, was driving the vehicle from which the narcotics were seized. He has been in custody since 16 March 2026 and possesses one prior criminal antecedent. The Court considered the large quantity of narcotics recovered and the petitioner’s antecedent as indicators of the seriousness of the offence. Consequently, the Court was not inclined to grant regular bail. The bail application was therefore dismissed, with the observation that the remarks are prima facie and do not prejudice the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner under Sections 20 and 22 of the NDPS Act given the large seizure and his criminal antecedent

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • drug trafficking
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41367 of 2026
                        Arising Out of PS. Case No.-105 Year-2019 Thana- JOKIHAT District- Araria
                 ======================================================
                 Sunil Kumar Singh Son of Shrikant Singh Resident of Village- Masudanpur
                 Vaisi, Ward No. 10, P.S.- Rangra, District- Bhagalpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md. Najmul Hodda
                 For the Opposite Party/s :        Mr. Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-06-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Jokihat P.S. Case No. 105 of 2019 registered for the offence

                   under Sections 20, 22 of the NDPS Act.

                                3. As per the prosecution case, the petitioner is alleged

                   to have been involved in the sale and smuggling of ganja. A

                   total of 60 kg of ganja was recovered from the vehicle in

                   question.

                                4. The petitioner is in custody since 16.03.2026 and

                   has one criminal antecedent. His name surfaced during the

                   investigation as the son of the registered owner of the car and as

                   the person who was driving the said vehicle.

                                5. Considering the huge recovery and the materials
            Patna High Court CR. MISC. No.41367 of 2026(2) dt.25-06-2026
                                                        2/2




                      collected during the course of investigation as well as the

                      antecedent of the petitioner, this Court is not inclined to grant

                      regular bail to the petitioner.

                                   6. Accordingly, this application for regular bail stands

                      dismissed.

                                   7. 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


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