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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the regular bail application, granting bail with conditions.

Summary

The petitioner, Chandan Kumar, was arrested on 18 December 2024 for alleged possession of 6.512 kg of ganja under Section 20(B) of the NDPS Act, and has been in custody without any witness examination. He applied for regular bail, claiming innocence, while the State opposed the application. The court considered the length of custody, the delay in trial, and the lack of evidentiary progress. Finding that the circumstances warranted relief, the court granted bail subject to a cash bond and two sureties, and imposed conditions of regular police station attendance and cooperation in trial. The order expressly states that the observations are prima facie and do not prejudice the merits of the underlying criminal case.

Issues considered

  • Whether regular bail should be granted to the accused under Section 20(B) of the NDPS Act given the prolonged custody and trial delay.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • regular bail
  • delay in trial
  • custody
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15623 of 2026
                     Arising Out of PS. Case No.-347 Year-2024 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Chandan Kumar Son of Mohan Sah R/o Village - Bhagawatipur Ward no. 5,
                 P.S. - Pandaul, District. - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Thakur, Advocate
                                                   Mr. Deepak Kumar, Advocate
                                                   Mr. Purushottam Kumar, Advocate
                                                   Mrs. Sushmita, Advocate
                 For the Opposite Party/s :        Mr. Jharkhandi Upadhyay, APP
                                                   Mr. Rajendra Nath Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-04-2026                   Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks regular bail in connection with

                   Sadar Excise P.S. Case No. 347 of 2024 registered for the

                   offence under Section(s) 20(B) of the NDPS Act.

                                 3. As per the prosecution case, 6.512 kg of ganja was

                   recovered from the possession of the petitioner, who was

                   travelling on a motorcycle.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 18.12.2024. In the trial, no witness

                   has been examined.
Patna High Court CR. MISC. No.15623 of 2026(2) dt.24-04-2026
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                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          the period of custody and the delay in trial, this application for

          regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Sadar Excise P.S.

          Case No. 347 of 2024 subject to conditions that:-

                                            (i). The petitioner will mark his
                                  attendance at the Pandaul Police Station on
                                  the first and third Sunday of each month.
                                  Any default in appearance at the Police
                                  Station would result in cancellation of bail
                                  bond of the petitioner.
                                             (ii) The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.


                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations
            Patna High Court CR. MISC. No.15623 of 2026(2) dt.24-04-2026
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                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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