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Patna High Court

Dinesh SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the bail application, refusing bail at this stage.

Summary

The petitioner, Dinesh Singh, was arrested in May 2025 for allegedly smuggling 10 kilograms of ganja, an offence under Sections 20(b)(ii)B and 8(c) of the NDPS Act. He had been in custody since 03‑05‑2025 and was previously granted a 15‑day provisional bail, after which he surrendered as per the surrender certificate. The petitioner applied for regular bail, arguing that he had complied with the provisional bail conditions. The court examined the quantum of the drug seizure and considered the seriousness of the offence. Concluding that the large quantity of narcotics recovered warranted continued detention, the court refused bail and dismissed the application, directing the petitioner that he may renew his bail plea after completing one year in custody.

Issues considered

  • Whether bail should be granted to a person accused under Sections 20(b)(ii)B and 8(c) of the NDPS Act for possession of 10 kg of ganja.
  • Whether the completion of a 15‑day provisional bail period affects the entitlement to regular bail.
  • Whether the quantum of drug recovery justifies denial of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug smuggling
  • provisional bail
  • quantum of seizure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74077 of 2025
                  Arising Out of PS. Case No.-306 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Dinesh Singh S/o Late Nagina Singh @ Late Ram Nagina Singh Resident of
                 Village - Kandihra, P.S- Kudra, District - Kaimur at Bhabhua

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. P.N. Shahi, Sr. Adv.
                                                   Mr.Nagendra Kumar Singh
                 For the Opposite Party/s :        Mr.Nagendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   27-02-2026                    Heard the parties.

                                 2. The petitioner seeks bail in connection with Excise

                   P.S. Case No. 306 of 2025 registered for the offence under

                   Sections 20(b)(ii)B, 8(c) of the NDPS Act.

                                 3. As per the prosecution case, the petitioner is said to

                   have found to be involved in illegal smuggling of Ganja and 10

                   kgs. Of Ganja has been recovered from a vehicle in which the

                   petitioner was found travelling.

                                 4. The petitioner is in custody since 03.05.2025.

                                 5. The petitioner was granted provisional bail for 15

                   days and he has surrendered after completion of the period of

                   provisional bail and to this effect surrender certificate has been

                   produced by the learned senior counsel for the petitioner which
          Patna High Court CR. MISC. No.74077 of 2025(6) dt.27-02-2026
                                                      2/2




                    is taken on record.

                                 6. Considering the quantum of recovery, this Court is

                    not inclined to grant bail to the petitioner at this stage.

                                 7. Accordingly, this application is dismissed.

                                 8. The petitioner may renew his prayer for bail after

                    completing one year in custody.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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