Patna High Court
Tej Bahadur @ TejbahadurversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed as there is no new ground to grant bail while the trial is pending.
Summary
The petitioner, Tej Bahadur, sought regular bail in a case registered under Sections 8(c), 21(b), 21(c) and 22(c) of the Indian Penal Code relating to contraband beyond commercial quantity and an embargo under Section 37 of the NDPS Act. This was his second bail application after an earlier rejection on 23‑10‑2024. The court noted that only three of six charge‑sheeted witnesses had been examined and the trial was expected to conclude within three months. The petitioner argued that he had been in judicial custody since 30‑03‑2024 without justification and had two prior criminal antecedents for which he was on bail. The State opposed the bail, and the court found no new ground to revisit the earlier decision, directing the lower court to expedite the trial and denying bail, with a provision to re‑apply if the trial exceeds three months.
Issues considered
- Whether bail should be granted in a case involving contraband beyond commercial quantity and an NDPS embargo when the trial is ongoing
- Whether the petitioner’s continued custody without new grounds justifies bail
Legislation cited
- Indian Penal Code — s. 21(b), 21(c), 22(c), 8(c)
- Narcotic Drugs and Psychotropic Substances Act — s. 37
Subjects
- bail
- NDPS Act
- contraband
- judicial custody
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15435 of 2026
Arising Out of PS. Case No.-79 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Tej Bahadur @ Tejbahadur S/o Late Jokhan Ram R/o Village - Sio, P.S -
Chaubepur (Chauki Chiraiygao), District - Varanasi, (U.P)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P. N. Shahi, Senior Advocate
Mr. Pushkar Prashant, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 10-04-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Durgawati P.S. Case No. 79 of 2024, instituted for the offences
under Sections 8(c), 21(b), 21(c) and 22(c) of the Indian Penal
Code.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
23.10.2024 passed in Cr. Misc. No. 39489 of 2024 taking into
consideration the recovery of contraband beyond commercial
quantity coupled with embargo under Section 37 of the NDPS
Act.
4. In compliance of the order dated 11.03.2026, a
report dated 18.03.2026 with regard to the present stage of trial
Patna High Court CR. MISC. No.15435 of 2026(3) dt.10-04-2026
2/2
has been received. From perusal of the aforesaid report, it
appears that out of six charge-sheeted witnesses, only three
witnesses have been examined in this case. It is further reported
that the trial is likely to be concluded within a period of three
months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 30.03.2024
without any rhymes or reason and has got two criminal
antecedents in which he is on bail.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. There is no new ground to consider the bail petition
of the petitioner. From the aforesaid report, it appears that the
trial is going on.
8. 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 preferably within a
period of three months from today. If the trial is not concluded
within the period of three months, as stated above, the petitioner
will be at liberty to renew his prayer before the court below.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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