Supreme Court sets aside bail denying order by Justice Sandeep Kumar in NDPS case

In Arjun Kumar @ Arjun Kumar Sah vs. The State of Bihar (2025), Supreme Court's Division Bench of Justices M.M. Sundresh and Satish Chandra Sharma passed a 4-page long order dated December 15, 2025 wherein it granted leave. The appellant had approached the Supreme Court seeking bail in connection with a FIR of 2024 dated October 1, 2024, registered with Police Station Manpur, District West Champaran, Bettiah for the offences punishable under Sections 8, 20(b) (ii)(C), 23(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.  The case was filed on September 16, 2025 and registered on December 16, 2025. Prior to this SLP(Crl) No. 016096 / 2025 was registered on October 10, 2025. 

The Court observed:"We have heard the learned counsel appearing for the parties. Taking note of the fact that there is no criminal antecedent in which the appellant is stated to have been involved and the period of incarceration already undergone by the appellant, we are inclined to grant bail to the appellant. Accordingly, the impugned order is set aside and the appellant is granted bail on terms and conditions to the satisfaction of the concerned Trial Court. The appeal stands allowed, accordingly."

Justice Sandeep Kumar of Patna High Court had passed the impugned 2-page long order dated April 19, 2025, which has been set aside by the Supreme Court. Justice Kumar had dismissed the application for bail. The petitioner had approached the High Court seeking bail in connection with a P.S. case of 2024 registered for the offence punishable under Sections 8, 20(b)ii(c), 23(c), 25 and 29 of the NDPS Act. 3. As per the prosecution case, 69.61 Kg of ganja and 1 kg of charas was recovered from the vehicle. The petitioner was travelling in a car in front of a vehicle from which ganja was recovered. The co-accused Munna Patal and Rambabu Ram had given a statement before the police that it was Arjun Kumar who was smuggling the banned articles and was in consent touch with Munna Patal and Rambabu Ram. The petitioner was in custody since October 1, 2024. Justice Kumar had concluded: "5. Considering the fact that the petitioner is involved in smuggling of huge quantity of ganja and charas and was caught, I am not inclined to grant bail to the petitioner. 6. Accordingly, the application stands dismissed."