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Patna High Court

Sandeep KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied regular bail to the petitioner.

Summary

The petitioner, Sandeep Kumar, was arrested in August 2025 and charged under sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for allegedly possessing 3.8 kg of ganja. He applied for regular bail, claiming that no incriminating article was found on him and that he was falsely implicated. The prosecution, through the Assistant Public Prosecutor, produced a forensic science laboratory report confirming the recovery of the ganja from the petitioner and highlighted his prior NDPS antecedent. After hearing both sides, the Court found the evidence sufficient to deny bail, noting the large quantity of narcotics and the antecedent. The Court rejected the bail application but allowed the petitioner to file a fresh bail petition after completing one year in custody.

Issues considered

  • Whether regular bail should be granted to the accused under sections 8 and 20(b)(ii)(B) of the NDPS Act when 3.8 kg of ganja has been recovered and the accused has a prior NDPS antecedent.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • possession of narcotics
  • antecedent
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88259 of 2025
                        Arising Out of PS. Case No.-89 Year-2025 Thana- JOGBANI District- Araria
                 ======================================================
                 Sandeep Kumar S/O Mr. Rajkumar Sah R/O village - Kalwa, P.S- Jogbani,
                 District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Thakur, Advocate
                                                  Mrs. Vaishnavi Singh, Advocate
                                                  Mr. Ritwik Thakur, Advocate
                 For the Opposite Party/s :       Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   20-02-2026                   Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Jogbani P.S. Case no. 89

                   of 2025 registered under sections 8 and 20(b)(ii)(B) of the

                   Narcotic Drugs and Psychotropic Substances Act, 1985.

                                 3. As per the prosecution case, 3.8 kgs. of ganja is

                   said to have been recovered from the possession of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the petitioner’s

                   possession who has been falsely implicated in the case because of his

                   antecedent. He is in custody since 14.8.2025 and chargesheet has

                   been submitted in the case.
           Patna High Court CR. MISC. No.88259 of 2025(3) dt.20-02-2026
                                                       2/2




                                  5. The application for bail is opposed by learned APP

                     for the State who submits that besides the recovery from the

                     possession of the petitioner, the petitioner also has an antecedent

                     under the NDPS Act. It is further submitted that the FSL report

                     confirms the recovery of ganja from the petitioner.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations against the petitioner in

                     the FIR, 3.8 kgs. of ganja having been recovered from the

                     petitioner’s possession which has been confirmed in the FSL

                     report, the Court is not inclined to enlarge the petitioner on bail and

                     the application is rejected.

                                  7. Liberty is granted to the petitioner to renew his

                     prayer for bail after completing one year in custody.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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