Patna High Court
Tvs Sao @ Nand Lal SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that regular bail could not be granted in view of the seriousness of the offence and the large quantity of narcotics involved.
Summary
The petitioner, Tvs Sao (Nand Lal Sah), applied for regular bail in a case under Sections 20(b)(ii)(a) and 22(A) of the NDPS Act, where 746 kg of ganja was seized from a truck and the accused identified the petitioner as an associate. The trial court had already taken the petitioner into custody on 19.01.2023. The High Court examined the seriousness of the offence, the quantity of narcotics involved, and the material on record. Considering the gravity of the alleged crime, the Court rejected the petitioner's request for regular bail. However, the Court directed the trial court to expedite the trial and conclude it within one year of receiving the order. The bail petition was therefore dismissed while the trial proceeds.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act given the nature and seriousness of the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(a), 22(A)
Subjects
- bail
- NDPS Act
- regular bail
- narcotics seizure
- trial expeditious disposal
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46720 of 2024
Arising Out of PS. Case No.-10 Year-2020 Thana- ECONOMIC OFFENCES, BIHAR
District- Patna
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Tvs Sao @ Nand Lal Sah SON OF Vishnu Sah VILLAGE- AMAITHI,
MASAUNA, P.S. - SANJHAUL, DIST - ROHTAS
... ... Petitioner/s
Versus
1. The State of Bihar
2. THE ECONOMIC OFFENCE UNIT, BIHAR
3. THE UNION OF INDIA THROUGH THE NDPS DEPARTMENT BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Chaudhary, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
For EOU : Mr. Vijay Anand , Advocate
For UOI : Ms. Kanak Verma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
7 04-02-2026 Heard learned counsel for the petitioner and
learned APP for the State .
2. The petitioner seeks bail in a case registered for
offence under Sections 20 ( b ) ( ii ) (a) , 22 (A) of NDPS Act.
3 . As per prosecution case , 746 kg Ganja was
recovered from the seized truck and the apprehended accused
person disclosed the name of this petitioner as his associates.
4. Considering the seriousness and nature of
accusation , materials available on record and gravity of offence
and other circumstances of the case , the prayer of petitioner for
regular bail is rejected. However, since petitioner is in custody
Patna High Court CR. MISC. No.46720 of 2024(7) dt.04-02-2026
2/2
since 19.01.2023 , learned Trial Court is directed to expedite
and conclude the trial, within the period of one year from the
date of receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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