Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail must be granted to the petitioner subject to conditions.
Summary
Anil Kumar was arrested in connection with an excise case (Sadar Excise P.S. Case No. 347 of 2024) for allegedly possessing 6.512 kg of ganja, an offence under Section 20(B) of the NDPS Act. He had been in custody since 18‑12‑2024 and no witness had been examined at trial. The petitioner claimed innocence and sought regular bail, while the State opposed the application. The Court, noting the long period of custody and delay in trial, allowed the bail application, directing release on a bond of Rs.10,000 with two sureties and imposing conditions of regular police‑station attendance and cooperation in trial. The order expressly stated that the observations were prima facie and not a determination on the merits of the underlying offence.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 20(B) of the NDPS Act given the circumstances of custody and trial delay.
Legislation cited
Subjects
- regular bail
- NDPS Act
- Section 20(B)
- custody
- trial delay
- excise case
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15799 of 2026
Arising Out of PS. Case No.-347 Year-2024 Thana- Excise P.S. District- Madhubani
======================================================
Anil Kumar S/o Mr. Dhaneshwar Sah @ Daneshwar Prasad Sah R/o vill -
Bhagwatipur, ward no. 4, P.S.- Pandaul, Distt.- 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
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Shailendra Kumar
======================================================
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.15799 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.15799 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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