Patna High Court
Umesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition was rejected as no fresh ground was presented to merit a reconsideration.
Summary
The petitioner, Umesh Yadav, filed a bail application in connection with a case under Sections 8, 17(c) and 18(c) of the NDPS Act, alleging that he had been in judicial custody since 18 March 2025 without trial. The High Court had earlier rejected regular bail on the ground that the contraband seized was beyond commercial quantity. Counsel for the petitioner argued that the charge sheet had been framed but no trial or witness examination had taken place, contending that his continued detention was unjustified. The State, represented by the Additional Public Prosecutor, opposed the bail and maintained that no new material or fresh ground existed to revisit the earlier order. The Court observed that the petitioner had not presented any fresh circumstance warranting a reconsideration of bail. Consequently, the bail petition was rejected and the lower court was directed to expedite the trial. The order reaffirmed the principle that bail cannot be granted merely on the basis of trial delay absent fresh grounds.
Issues considered
- Whether the petitioner is entitled to bail despite the earlier rejection on the basis of contraband quantity
- Whether any fresh ground exists to revisit the earlier bail denial
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 17(c), 18(c), 8
Subjects
- bail
- NDPS Act
- contraband
- judicial custody
- trial delay
- fresh ground
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12206 of 2026
Arising Out of PS. Case No.-37 Year-2025 Thana- Bahera District- Gaya
======================================================
Umesh Yadav S/o Rajo Yadav Resident of Village- Panchu Bigha, P.S.-
Mohanpur, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Roshan Kumar, Advocate
For the Opposite Party/s : Mr.Dr. Ajeet Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Bahera
P.S. Case No. 37 of 2025, instituted for the offences under
Sections 8/17(c) and 18(c) of the N.D.P.C. Act.
3. Earlier vide order dated 16.09.2025 passed in Cr.
Misc. No. 44533 of 2025, regular bail of the petitioner was
rejected by this Court considering the recovery of contraband
beyond commercial quantity.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 18.03.2025
without any rhymes or reason. He further submitted that charge
has been framed in this case, but trial has not been started in this
case and no witnesses has been examined in this case.
Patna High Court CR. MISC. No.12206 of 2026(2) dt.23-02-2026
2/2
5. Learned APP for the State opposes the prayer for
grant of bail.
6. There is no fresh ground to consider the bail petition
of the petitioner.
7. 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.
(Rudra Prakash Mishra, J)
manish/-
U T
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