Patna High Court
Dilip PaswanversusThe Union of India Through Narcotics Control Bureau
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The Court held that there is no fresh ground for bail and consequently denied the bail application.
Summary
The petitioner, Dilip Paswan, was arrested in 2021 for alleged possession of a large quantity of ganja under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He applied for regular bail, but the Patna High Court had earlier rejected the bail twice, invoking the embargo provision of Section 37 and the seriousness of the offences under Sections 8(c), 20(b)(ii)(c), 25 and 29. A report filed on 26 March 2026 showed that prosecution evidence is closed and the trial is slated to conclude within three months. The petitioner again sought bail, contending that he has been in judicial custody since 3 November 2021 without justification. The Court held that there is no fresh ground for bail, the trial is near completion, and the statutory embargo remains, and therefore dismissed the bail application, directing the lower court to expedite the trial within two months, with a provision to renew the bail plea if the trial is not concluded.
Issues considered
- Whether regular bail can be granted to the petitioner despite the large quantity of ganja seized and the embargo under Section 37 of the NDPS Act.
- Whether the petitioner has raised any fresh ground for bail after two prior rejections.
- Whether the imminent conclusion of the trial justifies denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 29, 37, 8(c)
Subjects
- bail
- NDPS Act
- regular bail
- embargo
- pre‑trial detention
- trial delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10402 of 2026
Arising Out of PS. Case No.-25 Year-2021 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Patna
======================================================
Dilip Paswan S/O Janeshwar Paswan @ Janeshwar Prasad Resident of
Village- Ved Vyas Mandir Road Rugdi tola, P.S. Ved Vyas Rourkela, District-
Sundergarh Odisha
... ... Petitioner/s
Versus
The Union of India Through Narcotics Control Bureau BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. K.N. Singh, Sr. Advocate (ASG)
Mr. Manoj Kumar Singh, CGC
Mr. Ankit Kumar Singh, Advocate
Ms. Neha Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-04-2026 Heard learned counsel for the petitioner and learned
counsel for NCB.
2. The petitioner seeks bail in connection with Special
Case No. 163 of 2021 arising out of NCB PZU (v) Case No. 25
of 2021 instituted for the offences under Sections 8(c), 20(b)(ii)
(c), 25, 29 of the NDPS Act.
3. Earlier, vide order dated 07.05.2024 passed in Cr.
Misc. No. 52260 of 2023 and again vide order dated 29.08.2025
passed in Cr. Misc. No. 26284 of 2025, regular bail of the
petitioner was rejected twice by this Court considering the
recovery of the large quantity of ganja as also the statutory
Patna High Court CR. MISC. No.10402 of 2026(3) dt.03-04-2026
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embargo as contained in Section 37 of the NDPS Act.
4. In compliance of the order dated 13.02.2026 a report
dated 26.03.2026 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
that prosecution evidence has already been closed and the case
is fixed for arguments.. It is further reported that trial is likely to
conclude in the next three months.
5. Learned counsel for the petitioner submits this is the
third attempt of the petitioner for grant of regular bail in light of
the observation recorded by this Court for renewing the bail
application after two months if the trial is not concluded vide
order dated 29.08.2025 passed in Cr. Misc. No. 26284 of 2025.
He further submits that the petitioner is languishing in judicial
custody since 03.11.2021 without any rhymes or reason.
6. Learned counsel appearing for NCB opposes the
prayer for grant of bail.
7. There is no fresh ground to consider the bail petition
of the petitioner. From the aforesaid report, it appears that the
trial is going on and is at the verge of conclusion.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
Patna High Court CR. MISC. No.10402 of 2026(3) dt.03-04-2026
3/3
preferably within a period of two months from today. If the trial
is not concluded within the period of two months, as stated
above, the petitioner will be at liberty to renew his prayer before
the learned court below.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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