Patna High Court
Shashi Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner upon the condition of a Rs 10,000 bond and two sureties.
Summary
Shashi Kumar Singh applied for bail in a case registered under Section 414 IPC and Sections 8(C), 20(b)(ii)(C) and 29 of the NDPS Act, where a search of a four‑wheeler yielded 2 kg of charas, mobile phones and cash, and the petitioner was found seated in the vehicle. The petitioner contended that he was neither the owner nor the driver, that the seized items were not in his possession, and that co‑accused had already been granted bail in similar cases; he had been in judicial custody since May 2023. The State opposed bail, citing three prior criminal cases and the commercial quantity of the narcotic. The court referred to the Supreme Court’s decision in Rabi Prakash v. State of Odisha, emphasizing that prolonged pre‑trial detention infringes Article 21 and that bail may override the statutory presumption of guilt under Section 37(1)(b) of the NDPS Act. Considering the circumstances, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount.
Issues considered
- Whether bail can be granted in an NDPS case involving a commercial quantity of narcotic and alleged criminal antecedents.
- Whether prolonged pre‑trial detention violates the right to liberty under Article 21 of the Constitution.
- Whether Section 37(1)(b) of the NDPS Act precludes bail in such circumstances.
Legislation cited
- Indian Penal Code — s. 414
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(C), 29, 37(1)(b), 8(C)
Subjects
- bail
- NDPS Act
- commercial quantity
- Article 21
- pre‑trial detention
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85340 of 2025
Arising Out of PS. Case No.-217 Year-2023 Thana- SURSAND District- Sitamarhi
======================================================
Shashi Kumar Singh S/O Ramesh Singh R/o village- Chand Parsa, P.S.-
Kesariya, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar II, Advocate
For the Opposite Party/s : Mrs. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-01-2026 Heard Mr. Dhananjay Kumar, learned counsel for the
petitioner and Mrs. Renuka Ratnakar, learned APP for the State.
2. The petitioner has prayed for bail in connection
with Sursand P.S. Case No. 217 of 2023 registered for the
offence punishable under Sections 414 of the Indian Penal
Code, Sections 8(C), 20(b)(ii)(C) and 29 of the N.D.P.S. Act.
3. The case of the prosecution in short is that from a
four-wheeler on search, 2 kg of charas, mobile phones, and cash
were recovered. The petitioner and the other co-accused persons
were found sitting inside the said vehicle.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that nothing has
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been recovered from the possession of this petitioner. The
petitioner is neither the owner nor the driver of the alleged
vehicle. He also submits that similarly situated other co-accused
persons, namely, Arvind Kumar Singh, Ajay Kumar Sahni, and
Raushan Kumar, have already been granted bail by the learned
coordinate bench of this court in Cr. Misc. Nos. 78514 of 2025,
15069 of 2025, and 33528 of 2025 respectively. He further
submits that the petitioner is languishing in judicial custody
since 01.05.2023.
5. In the case of Rabi Prakash vs. the State of
Odisha, Hon'ble Supreme Court has held that the prolonged
incarceration generally militate against the most precious
fundamental right guaranteed under Article 21 of the
constitution of India and in such situation, the conditional
liberty must override the statutory embargo created under
Section 37 sub-clause 1(b) of the NDPS Act.
6. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of three cases. He also submits that the contraband is
commercial quantity i.e., 2 kgs of charas and the petitioner had
no valid authorization for keeping the same.
7. Having heard learned counsel for the parties and
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considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, Sitamarhi in connection with Sursand P.S. Case No. 217
of 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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