Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail application, granting regular bail with conditions.
Summary
The petitioner, Sachin Kumar, was arrested on 10 January 2025 for alleged possession of 6.245 kg of ganja, charged under Sections 8 and 20(b)(ii)B of the NDPS Act. His earlier bail application was rejected on 23 April 2025. He filed a second bail application, contending that the trial had progressed only to the examination of a single witness and that there was an inordinate delay. The Court considered the seriousness of the offence, the delay, and the petitioner’s custody status, and decided that regular bail could be granted subject to strict conditions, including a cash bond, two sureties, weekly police‑station attendance, and cooperation with the trial. Accordingly, the petitioner was released on bail with the stipulated conditions.
Issues considered
- Whether bail should be granted in an NDPS case involving possession of a large quantity of ganja despite the seriousness of the offence
- Whether the delay in trial and limited examination of evidence justify regular bail
- Whether the conditions imposed by the Court are sufficient to ensure the petitioner’s attendance and cooperation
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)B, 8
Subjects
- bail
- NDPS Act
- delay in trial
- surety
- criminal procedure
- possession of narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81953 of 2025
Arising Out of PS. Case No.-9 Year-2025 Thana- GAYA RAIL P.S. District- Gaya
======================================================
Sachin Kumar S/O Ramu R/O Village- Shahpur Rasoolpur, Gadi Shahpur,
P.S- Deva, Distt.- Bara Banki (Uttar Pradesh).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the Opposite Party/s : Ms.Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-01-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with N.D.P.S. Case No.
23/2025 arising out of Gaya Rail P.S. Case No. 9 of 2025
registered for the offence under Sections 8, 20(b)(ii) B of the
N.D.P.S. Act.
3. Earlier the bail application of the petitioner was
rejected on 23.04.2025 in Cr. Misc. No. 21399 of 2025.
4. As per the prosecution story, 6.245 kg of ganja was
recovered from the possession of the petitioner who is custody
since 10.01.2025.
Patna High Court CR. MISC. No.81953 of 2025(2) dt.16-01-2026
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5. Learned counsel for the petitioner submits that in
the trial only one witness has been examined till date.
6. Considering 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-cum- Special Judge,
NDPS Act, Gaya/concerned Court below in connection with
N.D.P.S. Case No. 23/2025 arising out of Gaya Rail P.S. Case
No. 9 of 2025 subject to the following conditions:-
(i) The petitioner after being released on bail, is
directed to mark his attendance at Deva Police Station,
District- Bara Banki (Uttar Pradesh) on every Sunday of
the month. Any default in appearance at the Police Station
will result in cancellation of bail bonds of the petitioner.
(ii) 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.
(iii) one of the bailors should be the father of the
petitioner and the another will be blood relative of the
petitioner.
8. Let a copy of this order be communicate through
Patna High Court CR. MISC. No.81953 of 2025(2) dt.16-01-2026
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FAX/ e-mail to the Superintendent of Police, Bara Banki (Uttar
Pradesh) for its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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