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Patna High Court

Neetish Kumar Singh @ Neetish KumarversusThe Union of India

Decided
Disposal
DISMISSED

Holding

Bail was not granted because of the large quantity of narcotics seized and the fact that the trial had already commenced.

Summary

The petitioner, Neetish Kumar Singh, applied for bail in a case registered under the NDPS Act for alleged possession of 65.6 kg of ganja recovered from a Hyundai Santro in which he and a co‑accused were found seated. The bail application had previously been rejected on 15‑04‑2025. The trial is underway and witnesses, including PW‑3, are being examined. The Court noted the massive quantity of narcotics and the commencement of trial as material factors and declined to revisit its earlier order. Consequently, the bail application was dismissed, with the prosecution directed to ensure witness attendance, and the Court clarified that its observations were limited to the bail application and not a determination on the merits of the case.

Issues considered

  • Whether bail should be granted in an NDPS case involving a large quantity of narcotics (65.6 kg of ganja).
  • Whether the commencement of trial and the seriousness of the offence preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • large quantity of narcotics
  • criminal procedure
  • trial commencement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78556 of 2025
                            Arising Out of PS. Case No.-2 Year-2024 Thana- D.R.I District- Patna
                 ======================================================
                 Neetish Kumar Singh @ Neetish Kumar S/O Ramprawesh Singh R/O
                 Village- Purushottampur, P.S.- Dighwara, District- Saran Chhapra

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The Union of India

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Nawaz Shareef, Advocate
                 For the State             :        Mr.K.N.Singh(A.S.G.)
                 For the UOI               :        Mr. Sanchak Srivastava, Sr. Standing Counsel
                                                    Mr. Sushant Srivastava, Advocate
                                                    Mr. Ashish Kumar Palit, Advocate
                                                    Ms. Sonali Priya, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

9   14-05-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with F. No.

                   DRI/LZU/PRU/718 ENQ/14/2024 appertaining to DRI Patna

                   Unit Case No. 02 of 2024-2025 registered for the offence/s

                   punishable under Sections 20(b)(ii) (c), 25, 29 of the NDPS

                   Act.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 15.04.2025 passed in Cr. Misc.

                   No. 71778 of 2024.

                                 4. As per the prosecution case, 65.600 kg. Ganja was
           Patna High Court CR. MISC. No.78556 of 2025(9) dt.14-05-2026
                                                       2/2




                     recovered from the Hyundai Santro car and the petitioner and

                     the co-accused person were found sitting inside the car.

                                  5. In the trial, witnesses are being examined and P.W.-

                     3 has recently been examined.

                                  6. Considering the fact that huge amount of ganja has

                     been recovered from the petitioner and the fact that the trial has

                     started, I am not inclined to review my earlier order.

                                  7. Accordingly, the application stands dismissed.

                                  8. The prosecution is directed to ensure the attendance

                     of the witnesses on the dates fixed in the trial.

                                  9. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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