Patna High Court
Lal Babu Sahni @ Lal Babu Sahni @ Lalbabu SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that the petitioner is entitled to bail, as continued detention would be punitive and contrary to Article 21.
Summary
Lal Babu Sahni was arrested on 18 April 2021 in connection with an NDPS case (Excise P.S. No.41 of 2021) for alleged offences under Sections 8 and 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act. He has been in judicial custody for over five years, with the trial only partially progressed – two of four charge‑sheeted witnesses have been examined and the trial is expected to conclude within seven months. The petitioner’s earlier bail applications were rejected on the ground that the seized quantity exceeded the commercial threshold. Relying on Article 21 of the Constitution and a Supreme Court precedent (SLP (Crl.) No(s). 16726/2023), the petitioner argued that continued pre‑trial detention is punitive and unconstitutional. The Patna High Court, noting the prolonged detention and lack of substantive progress, granted bail subject to monetary surety and standard conditions such as regular court appearance and non‑tampering with evidence.
Issues considered
- Whether the petitioner’s prolonged pre‑trial detention violates the right to liberty under Article 21 of the Constitution.
- Whether bail should be granted in an NDPS case where the quantity seized exceeds the commercial limit but the trial has not concluded.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
Subjects
- bail
- NDPS Act
- pre‑trial detention
- Article 21
- right to liberty
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13765 of 2026
Arising Out of PS. Case No.-41 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Gaya
======================================================
Lal Babu Sahni @ Lal Babu Sahni @ Lalbabu Sahni S/o Ramjeet Sahani
Resident of Village- Raghunathpur, P.S.- Bhagwanpur, Dist.- Vaishali, State-
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pintu Kumar Patel, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 15-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
(NDPS) P.S. Case No. 41 of 2021, instituted for the offences
under Sections 8 and 20(b)(ii)(c) of the NDPS Act.
3. This is the third attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by a co-ordinate Bench of this Court
vide order dated 28.08.2023 passed in Cr. Misc. No. 34092 of
2022 taking into consideration that the recovered quantity is
more than the commercial quantity. Further the prayer for grant
of regular bail was also rejected by this Court vide order dated
Patna High Court CR. MISC. No.13765 of 2026(4) dt.15-05-2026
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24.09.2025 passed in Cr. Misc. No. 48542 of 2025.
4. In compliance of the order dated 10.04.2026, a
report dated 20.04.2026 with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
appears that charge has been framed against the petitioner on
15.07.2025 and out of four charge-sheeted witnesses, two
witnesses have been examined in this case. It is further reported
that non-bailable warrant has been issued against the remaining
witnesses on 12.03.2026 and the trial is likely to be concluded
within a period of seven months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 18.04.2021
without any rhymes or reason and has got no criminal
antecedent. Learned counsel for the petitioner also submits that
previously vide order dated 24.09.2025 passed in Cr. Misc. No.
48542 of 2025, the petitioner was granted liberty of nine months
to renew his prayer for bail before the learned Court below is
the trial is not concluded within a period of nine months. It is
next submitted that the continued incarceration of the petitioner
without conclusion of trial amounts to a gross violation of the
fundamental right guaranteed under Article 21 of the
Constitution of India, which reiterated by Hon’ble Apex Court
Patna High Court CR. MISC. No.13765 of 2026(4) dt.15-05-2026
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in plethora of Judgments. Learned counsel for the petitioner has
placed reliance on the case of the Hon’ble Supreme Court in
SLP (Crl.) No(s). 16726/2023. Learned counsel for the
petitioner has submitted that the petitioner has been in custody
for more than five years and as such he may be released on bail.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of
the case, the period of custody undergone by the petitioner in
terms of the judgment of Hon’ble Apex Court and taking into
account the fact that continued detention of the petitioner would
serve no purpose other than punitive pretrial incarceration,
which is antithetical to the spirit of Article 21 of the
Constitution of India, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise (NDPS) P.S.
Case No. 41 of 2021, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
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(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
(V) The petitioner shall not leave the territorial
jurisdiction of the learned Court below without taking prior
permission of the Court concerned.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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