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Patna High Court

Shiv Bachan BindversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused bail, holding that no fresh grounds exist and the trial is close to conclusion.

Summary

The petitioners, Shiv Bachan Bind and Guddu Kumar, applied for bail in an NDPS case (Sections 8(c) and 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act) where a contraband exceeding commercial quantity was recovered. Their earlier regular bail application was rejected on 29‑01‑2025. They have been in judicial custody since 30‑07‑2024 and argue that they are being detained without reason. The State opposed bail, noting that all prosecution witnesses have been examined and the trial is imminent. The Court found no fresh ground for bail, observed that the trial is on the verge of conclusion, and consequently rejected the bail petition, directing the lower court to expedite the trial within two months.

Issues considered

  • Whether bail should be granted to the accused in an NDPS case where the seized contraband exceeds commercial quantity and the trial is nearing conclusion.
  • Whether any fresh grounds exist to entertain a subsequent bail application.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • judicial custody
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14785 of 2026
                 Arising Out of PS. Case No.-598 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua)
                 ======================================================
           1.     Shiv Bachan Bind S/o Babua Bind Resident of Village-Sikara, PS- Sonhan,
                  Distt- Kaimur(Bhabhua)
           2.    Guddu Kumar S/O Babua Bind Resident of Village-Sikara, PS- Sonhan,
                 Distt- Kaimur(Bhabhua)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pawan Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. The petitioners seek bail in connection with NDPS

                   Case No. 5 of 2025, arising out of Bhabhua P.S. Case No. 598 of

                   2024 instituted for the offences under Sections 8(c), 20(b)(ii)(c)

                   of the N.D.P.S. Act.

                             3. Earlier vide order dated 29.01.2025 passed in Cr.

                   Misc. No. 78795 of 2024 regular bail of the petitioners was

                   rejected by this Court considering the recovery of the

                   contraband beyond the commercial quantity.

                             4. Learned counsel for the petitioners submits that the

                   petitioners are languishing in judicial custody since 30.07.2024
           Patna High Court CR. MISC. No.14785 of 2026(2) dt.25-02-2026
                                                       2/2




                     without any rhymes or reason.

                              5. Learned APP for the State opposes the prayer for

                     grant of bail stating that all the prosecution witnesses have been

                     examined till date and the case is fixed for arguments which is

                     evident from the impugned order itself.

                              6. There is no fresh ground to consider the present bail

                     application of the petitioners as also taking into account the fact

                     that trial is on the verge of conclusion, this Court is not inclined

                     to grant bail to the petitioners.

                              7. In view of the above, the prayer for bail of the

                     petitioners is again rejected with a direction to the court below

                     to expedite the trial and conclude the same expeditiously

                     preferably within a period of two months. If the trial is not

                     concluded within the period of two months, as stated above, the

                     petitioners will be at liberty to renew his prayer before the court

                     below.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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