Patna High Court
Dhananjay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Regular bail was denied to the petitioner.
Summary
The petitioner, Dhananjay Kumar Singh, was arrested in connection with a case under the NDPS Act (Sections 8 and 20(B)IIB) and the Bihar Prohibition and Excise Act, 2016 (Section 30(a)) after 4.53 kg of ganja was recovered from his house. He sought regular bail, but the court noted that the quantity, while not commercial, exceeded the small‑quantity threshold and that the petitioner has two prior cases. Considering these factors, the court was not inclined to grant regular bail, fearing the petitioner might abscond. Consequently, the bail application was rejected. The court, however, allowed the petitioner to re‑apply for bail after the charge sheet is framed.
Issues considered
- Whether regular bail should be granted to the petitioner under the NDPS Act and Bihar Prohibition and Excise Act given the quantity of narcotics seized and his antecedent cases
- Whether the petitioner poses a risk of absconding if released on regular bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)IIB, 8
Subjects
- bail
- NDPS Act
- Bihar Prohibition and Excise Act
- quantity of narcotics
- antecedent cases
- flight risk
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8490 of 2026
Arising Out of PS. Case No.-362 Year-2025 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Dhananjay Kumar Singh S/O Late Rajendra Prasad Singh Resident of village
- Sahpur Ward No.6, P.S. - Kochadhaman, District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Adv.
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Special
Case No.218/2025, arising out of Kochadhaman P.S. Case
No.362/2025, registered for the offence punishable under
Sections 8, 20(B)IIB of NDPS Act and Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. In the nature of allegation, as alleged in the FIR, the
Court is not inclined to extend the privilege of regular bail to the
petitioner, as it is alleged that apart from liquor, 4.530 kilograms
of Ganja was also recovered from the Veranda of the house of
the petitioner though the recovery of NDPS is not a commercial
quantity but then is more than small quantity and petitioner has
antecedent of two cases, as such, if privilege of regular bail
Patna High Court CR. MISC. No.8490 of 2026(2) dt.16-02-2026
2/2
granted to the petitioner, the petitioner may abscond, hence the
regular bail application of the petitioner is rejected.
4. However, the petitioner would be at liberty to
renew his prayer for bail after framing of charge.
(Satyavrat Verma, J)
amit/-
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