Patna High Court
Amresh Kumar Singh @ Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that, given the prolonged custody, trial delay, and the petitioner’s minimal role, regular bail should be granted.
Summary
The petitioner, Amresh Kumar Singh, was arrested in connection with an Excise case involving the seizure of 3,080 litres of codeine‑containing cough syrup and was charged under Sections 8(c), 21(c) and 29 of the NDPS Act. He had been in custody since 5 October 2023 and had previously applied for regular bail, which was rejected on 18 April 2024. Claiming that he was merely a helper and had no knowledge of the illegal goods, the petitioner argued that he was falsely implicated and that the truck owner and transporter were responsible. The State opposed the bail, but the Court considered the length of custody, the delay in trial, and the petitioner’s clean antecedent. Consequently, the Court allowed the second bail application, directing a bail bond of Rs.10,000 with two blood‑relative sureties and imposing conditions of weekly police‑station attendance and cooperation with the trial. The bail was granted subject to these conditions.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting regular bail to an accused under the NDPS Act, considering the nature of the offence and the length of custody?
- Does the petitioner’s role as a ‘helper’ without knowledge of the contraband justify the grant of bail despite the seriousness of the charges?
- Are the conditions imposed by the Court reasonable and sufficient to ensure the petitioner’s attendance and cooperation with the trial?
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 29, 8(c)
Subjects
- NDPS Act
- regular bail
- codeine
- excise case
- trial delay
- false implication
- helper
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72275 of 2025
Arising Out of PS. Case No.-675 Year-2023 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Amresh Kumar Singh @ Amresh Kumar Son of Markanday Singh R/O Vill-
Babhangawan, P.O. and P.S.- Birpur, District- Bengusarai, 851131
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suman Saurabh, Advocate
For the Opposite Party/s : Mr.Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection Excise P.S. Case No. 675 of 2023
registered for the offence under Sections 8(c), 21(c) and 29 of
the NDPS Act. Earlier the bail application of the petitioner was
rejected vide order dated 18.04.2024 passed in Cr. Misc. No.
11845 of 2024.
3. As per the prosecution case, 3080 liters of cough
syrup containing codeine has been recovered from a truck.
Petitioner is in custody since 5.10.2023 and has clean
antecedent.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case.
Learned counsel further submits that from the report dated
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22.12.2025, it appears that out of four, two witnesses have been
examined and the two witnesses including I.O. were to be
examined. Learned counsel next submits that petitioner was
merely a helper and he had no knowledge of the goods which
were being transported illegally. Learned counsel further
submits that it is the duty of the owner of the truck and the
transporter and not the helper to know about the goods which
were being transported. The petitioner undertakes to co-operate
in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the period of custody and the delay in
trial, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Sessions Judge/Special Judge,
Bhabua, Kaimur/concerned Court below in connection with
Excise P.S. Case No. 675/2023 subject to the following
conditions:-
(i) Both the bailors shall be blood relatives of the
petitioner.
(ii) The petitioner after being released on bail, is
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directed to mark his attendance at Birpur Police Station,
District- Begusarai on every Sunday of the month. Any
default in appearance at the Police Station will result in
cancellation of bail bonds of the petitioner.
(iii) the petitioner after being released on bail is
directed to co-operate in the trial either by appearing
personally or through his lawyer in the Trial Court on
each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of
the bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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