Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
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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