Created by Fuzzy Cloud

Patna High Court

Arun Kumar SrivastavaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted liberty to renew the bail application if the trial does not conclude within three months and directed the Special Court to complete the trial within that period.

Summary

The petitioner, Arun Kumar Srivastava, filed a petition seeking regular bail in a Special NDPS case (No. 191 of 2021) arising from Dhanarua P.S. Case No. 415 of 2021, where he was charged under Sections 20(b)(ii)(c) and 29 of the NDPS Act. The trial before the Exclusive Special Court (NDPS) No. II had examined five of seven charge-sheeted witnesses, and the court anticipated that the trial could be concluded within three months. The petitioner’s counsel requested liberty to renew the bail application if the trial extended beyond this period. The High Court granted this liberty, directing the Special Court to complete the trial positively within three months from the order date. Consequently, the petition was disposed of, with the direction that the trial be expedited.

Issues considered

  • Whether regular bail can be granted to an accused in an NDPS case pending trial.
  • Whether the court can grant liberty to renew a bail application if the trial is not concluded within a stipulated period.

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • trial expeditious
  • special court
  • liberty to renew bail

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.12351 of 2026
                        Arising Out of PS. Case No.-415 Year-2021 Thana- DHANARUA District- Patna
                 ======================================================
                 Arun Kumar Srivastava S/o- Shyam Bihari Lal R/v- Masarh ward no.-7, Ps-
                 Udwantnagar, Dist- Bhojpur

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Arun Kumar Jha, Adv.
                 For the Opposite Party/s :        Mr.Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   10-04-2026              Though the present petition has been filed for grant of

                   regular bail in connection with Special (NDPS) Case No. 191 of

                   2021 (arising out of Dhanarua P.S.Case No. 415 of 2021,

                   registered under Section 20(b)(ii)(c) and 29 of the NDPS Act),

                   however this Court finds from the report dated 2.3.2026 sent by

                   the Ld. Court of Exclusive Special Court (NDPS) No. II, Civil

                   Court, Patna that out of seven named charge-sheeted witnesses,

                   five have already been examined and the trial is likely to be

                   concluded within a period of three months from today, hence the

                   learned counsel for the petitioner seeks liberty on behalf of the

                   petitioner to renew his prayer for grant of regular bail, in case

                   the trial does not conclude within a period of three months from

                   today. Liberty, so sought, is granted.

                   2.       It is needless to state that the Ld. Court of Exclusive
             Patna High Court CR. MISC. No.12351 of 2026(3) dt.10-04-2026
                                                         2/2




                       Special Court (NDPS) No. II, Civil Court, Patna, in connection

                       with Special (NDPS) Case No. 191 of 2021 (arising out of

                       Dhanarua P.S.Case No. 415 of 2021) shall take all necessary

                       steps to conclude the trial positively within a period of three

                       months from today.

                       3.      Accordingly, the present petition stands disposed off.


                                               (Mohit Kumar Shah, J)

Ajay/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.