Sunil Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22811 of 2026 Arising Out of PS. Case No.-200 Year-2025 Thana- Singhaul District- Begusarai ====================================================== Sunil Kumar Singh S/O Late Ramdeo Singh R/O Village- Maheshwara Ward No. 6, P.S- Nawkothi, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. NK Agrawal, Sr. Adv.
Mr.Randhir Kumar No 1, Adv.
For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-07-2026 Heard learned senior counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with NDPS Case No. 96 of 2025 arising out of Singhaul P.S. Case No. 200 of 2025, registered for the offences under Sections 08, 20(b)(ii)(B) of the NDPS Act.
3. As per the prosecution case, during checking of vehicles, a scooty without number plate was signalled to stop but the rider tried to flee away with the vehicle. The said person was apprehended and on search of the scooty recovery of 4.120 kg of Ganja was made from the said scooty. The petitioner is the apprehended person.
4. Learned senior counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Nothing incriminating has been recovered from person or possession of the petitioner. The petitioner has no concern with the plastic bags from which
Patna High Court CR. MISC. No.22811 of 2026(5) dt.15-07-2026 2/3 recovery of Ganja has been shown. There is non-compliance of Section 50 of the NDPS Act as the search and seizure was not made in presence of any Gazetted Officer. The charge sheet has been submitted without any FSL report and it is still doubtful whether the seized substance is Ganja. Learned senior counsel further submits that though the seized contraband is more than the small quantity but it is less than the commercial quantity. Petitioner is having antecedent of two cases and he is on bail in both the cases. Petitioner is in custody since 15.12.2025.
5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner was caught red-handed with more than 4 kg of Ganja and he is having antecedent of similar nature. Learned APP further submits that the FSL report has been received and the seized contraband was found to be Ganja.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the period of custody of the petitioner, submission of charge sheet against him and intermediate quantity of the recovered contraband, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.22811 of 2026(5) dt.15-07-2026 3/3 satisfaction of learned Additional Sessions Judge-1st-cumSpecial Judge, NDPS Act and PO of Children Court, Begusarai/concerned court, in connection with NDPS Case No. 96 of 2025 arising out of Singhaul P.S. Case No. 200 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) anuradha/- U T