Patna High Court
Prabhu PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that bail could not be granted as there were no fresh grounds and the trial was still pending.
Summary
The petitioner, Prabhu Patel, applied for bail in a case under Sections 20(b)(ii)(c), 23(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, after being in judicial custody since 15 January 2025. The High Court had earlier denied regular bail, noting the recovery of contraband beyond commercial quantity and the petitioner’s alleged role in a criminal conspiracy. Counsel argued that the trial was far from completion, with only four of eleven charge‑sheeted witnesses examined, and that the petitioner was being detained without cause. The State opposed the bail, and the Court found no fresh ground to revisit the earlier decision. Consequently, the bail petition was rejected, with a directive to the lower court to expedite the trial within six months, after which the petitioner may renew his bail application.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act where contraband exceeding commercial quantity has been recovered and the accused is alleged to be part of a criminal conspiracy.
- Whether any fresh ground exists to reconsider the earlier denial of bail.
- Whether the delay in trial proceedings justifies the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 23(c), 29
Subjects
- bail
- NDPS Act
- criminal conspiracy
- judicial custody
- trial delay
- expedited trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14264 of 2026
Arising Out of PS. Case No.-5 Year-2025 Thana- BHANGHA District- West Champaran
======================================================
Prabhu Patel S/o Brahmdeo Patel Resident of Village- Parsawa W.No. 4, .O.-
Pokhariya, P.S.- Sherwa, Dist.- Parsa, Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bhangaha
P.S. Case No. 5 of 2025 instituted for the offences under
Sections 20(b)(ii)(c), 23(c), 29 of the N.D.P.S. Act.
3. Earlier vide order dated 25.06.2025 passed in Cr.
Misc. No. 16312 of 2025 regular bail of the petitioner was
rejected by this Court considering the recovery of the
contraband beyond the commercial quantity as also the
petitioner being a party to the criminal conspiracy.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 15.01.2025
without any rhymes or reason. Learned counsel further
Patna High Court CR. MISC. No.14264 of 2026(2) dt.25-02-2026
2/2
submitted that there are eleven charge-sheeted witnesses in the
present case and only four have been examined till date and
there is no likelihood of conclusion of the trial in near future and
therefore, the petitioner may be released on bail.
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 and since the trial is going on, this Court is not
inclined to grant bail to 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 and conclude the same expeditiously
preferably within a period of six months from today. If the trial
is not concluded within the period of six months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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