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Patna High Court

Kamlesh SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court dismissed the bail applications, holding that the magnitude of the drug seizure and the seriousness of the offences provide no ground to grant bail.

Summary

The petitioners, Kamlesh Singh and Rajeev Kumar Singh, applied for regular bail in NDNDPS Case No. 58 of 2024, arising from Teghra Police Station Case No. 356 of 2024, where 159.33 kg of ganja was seized from a vehicle in which they were seated. Their earlier bail applications had been rejected on 23 July 2025, and they sought a review on the ground that only one of nine witnesses had been examined and the trial was delayed. The State opposed the bail, emphasizing the massive quantity of narcotics recovered and the seriousness of the offences under Sections 8 and 20(b)(ii)(c) of the NDPS Act. The Court considered the facts, particularly the large seizure, and found no sufficient ground to overturn its earlier order. Consequently, the Court dismissed both bail applications, affirming the earlier denial of bail.

Issues considered

  • Whether the petitioners are entitled to regular bail under the NDPS Act despite the large quantity of narcotics seized.
  • Whether the delay in trial and limited witness examination justify granting bail.
  • Whether the earlier denial of bail can be reviewed on the basis of procedural delays.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug seizure
  • large quantity of narcotics
  • trial delay
  • witness examination

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.83333 of 2025
                     Arising Out of PS. Case No.-356 Year-2024 Thana- TEGHRHA District- Begusarai
                 ======================================================
                 Kamlesh Singh S/o- Nageshwar Prasad Singh @ Nageshwar Singh Resident
                 of Vill- Maheshwara, P.S.-Nawkothi, Dist- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                         with
                             CRIMINAL MISCELLANEOUS No. 7332 of 2026
                     Arising Out of PS. Case No.-356 Year-2024 Thana- TEGHRHA District- Begusarai
                 ======================================================
                 Rajeev Kumar Singh S/ O Subhash Singh Resident of Village - Nayagaon
                 Ward No- 2, P.S.- Nayagaon, District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 83333 of 2025)
                 For the Petitioner/s     : Mr. Sanjeev Kumar
                 For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem
                                            Mr. Jharkhandi Upadhyay, APP
                 (In CRIMINAL MISCELLANEOUS No. 7332 of 2026)
                 For the Petitioner/s     : Mr. Sanjeev Kumar
                 For the Opposite Party/s : Mr. Kanhaiya Kishore (App.100)
                                            Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   01-07-2026                 These cases arise out of the same P.S. Case i.e.,

                   Teghra P.S. Case No. 356 of 2024; therefore, they are being

                   heard together and disposed of by a common order.

                               2. Heard the learned counsel for the petitioners and

                   the learned APP for the State.

                               3. This is the second attempt of the petitioners seeking
Patna High Court CR. MISC. No.83333 of 2025(5) dt.01-07-2026
                                            2/3




          bail in connection with NDPS Case No. 58 of 2024 arising out

          of Teghra P.S. Case No. 356 of 2024 registered for the offences

          under Sections 08, 20(B)(ii)(c) of the NDPS Act.

                       4. Earlier, the bail applications of the petitioners was

          rejected on 23.07.2025 in Cr. Misc. No. 17547 of 2025 along

          with Cr. Misc. No. 21953 of 2025 which reads as follows:-

                                             Heard learned counsel for the
                                  petitioners and learned APP for the State.
                                             2. The petitioners seek bail in
                                  connection with N.D. P.S. Case No. 58 of
                                  2024 arising out of Teghrha P.S. Case No.
                                  356 of 2024 registered for the offence
                                  punishable under Sections 8 and 20 (b),
                                  127(2) (ii)(c) of the N.D.P.S. Act.
                                             3. The recovery is of 159.330 kg of
                                  ganja from the vehicle in question in which
                                  the petitioners were found to be sitting. The
                                  petitioners are in custody since 24.10.2024
                                  and 23.10.2024 respectively.
                                             4. Learned APP appearing for the
                                  State has vehemently opposed the prayer for
                                  regular bail of the petitioners.
                                             5. Considering the huge recovery
                                  of ganja, I am not inclined to grant bail to
                                  the petitioners.
                                             6.     Accordingly,      both   the
                                  applications stand dismissed.


                       5. The learned counsel for the petitioners submits that

          in the trial, out of nine witnesses, only one witness has been

          examined and the trial is being delayed.
            Patna High Court CR. MISC. No.83333 of 2025(5) dt.01-07-2026
                                                        3/3




                                   6. Considering the facts and circumstances of the case

                      particularly the recovery of 159.330 kg of ganja from the

                      vehicle in question in which the petitioners were found sitting,

                      this Court finds no ground to review its earlier order.

                      Accordingly, both the applications for regular bail filed on

                      behalf of the petitioners stand dismissed.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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