Patna High Court
Ram Sundra Singh @ Ram Sundar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
Bail was denied because the offence involved a commercial quantity of narcotics, indicating a serious threat to society, and the court emphasized the need for trial completion within eight months.
Summary
Ram Sundra Singh was arrested on 27 September 2024 for possession of 28.100 kg of ganja, a commercial quantity, under Sections 8 and 20(B)(ii)(c) of the NDPS Act. He filed a regular bail petition, contending that the investigation was complete, a charge sheet had been filed, he had no prior criminal record, and he had already been in custody for over a year. The State opposed bail, stressing the seriousness of the offence due to the large quantity of narcotics. The Patna High Court rejected the bail application, holding that the commercial quantity warranted continued detention, but directed that the trial be concluded within eight months, after which bail could be re‑sought. The court also ordered the Superintendent of Police to ensure the appearance of prosecution witnesses.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act when a commercial quantity of narcotics is involved
- Whether the length of pre‑trial detention and lack of prior criminal record justify bail
- Whether the requirement of an expeditious trial under Article 21 influences the bail decision
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B)(ii)(c), 8
Subjects
- NDPS Act
- bail
- commercial quantity
- pre‑trial detention
- Article 21
- expeditious trial
- drug trafficking
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76447 of 2025
Arising Out of PS. Case No.-248 Year-2024 Thana- BARAULI District- Gopalganj
======================================================
Ram Sundra Singh @ Ram Sundar Singh, S/o Late Ramjit Singh @ Ramji
Singh, R/o Village - Bagheji, P.S - Barauli, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate.
Ms. Urmila Kumari, Advocate.
For the State : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Barauli
P.S. Case No. 248 of 2024 dated 27.09.2024 registered for the
offences punishable under Sections 8, 20(B)/ (ii)(c) of N.D.P.S.
Act.
3. The petitioner has moved this Court previously also
for regular bail. However, the same was rejected vide order
dated 19.02.2025 passed in Cr. Misc. 4955 of 2025 by this Court
in view of commercial quantity of the contraband i.e. 28.100
Kg. Ganja recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
investigation in this case is completed and charge sheet has been
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submitted. Even charge has been framed and the case is at the
stage of prosecution evidence.
5. He further submits that the petitioner is in custody
for about one year and five months i.e. since 28.09.2024.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
9. Considering the commercial quantity of recovered
contraband from the house of the petitioner, I am not persuaded
to enlarge the petitioner on bail.
10. Accordingly, the prayer for bail of the petitioner
stands rejected.
11. The petitioner has already been in custody for
about one year and five months and trial is in progress.
However, Article 21 of the Constitution of India demands that
there should be expeditious trial. Hence, learned court below is
directed to conclude the trial within next eight months failing
which the petitioner will be at liberty to renew his prayer for
bail.
12. The Superintendent of Police, Gopalganj, is also
directed to ensure that the witnesses in this case appear before
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learned court below for their examination as prosecution
witnesses.
13. Let a copy of this order be sent to the
Superintendent of Police, Gopalganj as well as learned trial
court.
(Jitendra Kumar, J)
S.Ali/-
U T
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