Patna High Court
Abhay Sinha @ Abhay Sinho @ Avoy SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Abhay Sinha, was arrested in connection with Pothia Police Station Case No.267 of 2025 for alleged offences under Sections 8(c), 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, with 1.66 grams of a “smack‑like” substance reportedly recovered from his possession. He filed an application for bail, contending that he is innocent, that no contraband was actually found on him, that the quantity involved is small, and that he has no prior criminal record, having been in judicial custody since 6 October 2025. The State opposed the bail on the ground of the alleged offences under the NDPS Act. After hearing both sides, the Court considered the small quantity, the petitioner’s clean antecedent and the length of his custody. The Court decided to enlarge the petitioner on bail, directing a bond of Rs 10,000 with two sureties of the same amount. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the accused in an NDPS case involving a small quantity of narcotic substance and no prior criminal record.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- judicial custody
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4250 of 2026
Arising Out of PS. Case No.-267 Year-2025 Thana- POTHIYA District- Kishanganj
======================================================
Abhay Sinha @ Abhay Sinho @ Avoy Sinha, S/o Late Dijendra Nath Sinha @
Dwijendra Nath Singha @ Late Dijendronath Sinho @ Late Dijendranath
Sinha, R/o Village - Aambagan Colony, P.S - Islampur, District - North
Dinajpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Pothia P.S. Case No. 267 of 2025 registered for the offence
punishable under Sections 8(c), 21(b) and 29 of the NDPS Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, 1.66 grams of smack like object
was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession. It has
further been submitted that the alleged quantum of contraband
Patna High Court CR. MISC. No.4250 of 2026(2) dt.06-02-2026
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which is recovered is small quantity. Petitioner is having no
criminal antecedent and he is languishing in judicial custody
since 06.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Sessions Judge-cum-Special Judge (NDPS), Kishanganj in
connection with Pothia P.S. Case No. 267 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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