Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail could not be granted in the present circumstances.
Summary
Ravi Kumar, a truck driver, was arrested on 1 December 2023 in connection with NDNDPS offences under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act after 404.83 kg of ganja was recovered from his vehicle. He applied for regular bail, claiming innocence and noting that only four of seven prosecution witnesses had been examined. The prosecution, represented by the DRI, argued that the large quantity of narcotics and the fact that the trial had already progressed warranted denial of bail. The Court examined the submissions and the case record, emphasizing the substantial seizure and the advancement of the trial. Consequently, the Court declined to grant regular bail, directing the DRI to ensure the attendance of the remaining witnesses. The bail application was therefore dismissed.
Issues considered
- Whether regular bail can be granted in an NDPS case involving a substantial quantity of narcotics and where the trial has already proceeded.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 25, 29
Subjects
- NDPS Act
- regular bail
- drug trafficking
- large quantity seizure
- trial progression
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75674 of 2025
Arising Out of PS. Case No.-9 Year-2023 Thana- D.R.I District- Muzaffarpur
======================================================
Ravi Kumar S/O Shiv Kumar R/O House No. 555, Rajeev Vihar Machariya,
Naubasta, KasiGawan, P.S.- Naubasta, P.O. Kasigaon, Kanpur, Kanpur Nagar,
Uttar Pradesh- 208021
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
Md Azim Uddin, Advocate
Mr. Tanveer Islam Siddiqui, Advocate
Ms. Ritika Singh, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Surendra Kumar
For the DRI : Mr. Sriram Krishna, Advocate
Mr. Shashank Shekhar Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 25-03-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned counsel for the DRI.
2. The petitioner seeks regular bail in connection with
Muzaffarpur P.S. DRI Case No. 09 of 2023-24 and NDPS Case
No. 76 of 2024 registered for the offence under Sections 20, 25
and 29 of the NDPS Act.
3. As per the prosecution case, 404.83 kg of ganja was
recovered from the vehicle in question.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 01.12.2023. He also submits that
Patna High Court CR. MISC. No.75674 of 2025(6) dt.25-03-2026
2/2
the petitioner is the driver of the truck and in the trial, out of
seven witnesses, four witnesses have been examined till date.
5. Mr. Sriram Krishna, learned counsel for the DRI,
submits that the recovery of ganja is substantial and that the
petitioner was caught with it. He further submits that the trial
has already proceeded, and therefore, the petitioner may not be
granted bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. Considering the
recovery of a huge quantity of ganja and the fact that the trial
has proceeded, this Court is not inclined to grant regular bail to
the petitioner.
7. Accordingly, this application for regular bail stands
rejected. The DRI is directed to ensure the attendance of the
remaining witnesses on the dates fixed.
(Sandeep Kumar, J)
Shishir/-
U T
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