Patna High Court
Shailendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
Bail was denied as the circumstances did not justify its grant in a serious NDPS offence.
Summary
The petitioner, Shailendra Paswan, was arrested as an occupant of a truck from which 1,190 kg of ganja was seized, and is charged under Sections 8/2-(II)(b)(c) of the NDPS Act, 1985. He applied for bail before the Patna High Court, arguing that the trial is currently proceeding on defence witnesses, placing the burden of concluding the trial on the defence. The court examined the bail application in light of the seriousness of the offence and the stage of the trial. It held that the presence of defence witnesses does not warrant bail in a case involving a large quantity of narcotics. Consequently, the court rejected the bail petition, emphasizing that its observations are prima facie and limited to the bail application alone.
Issues considered
- Whether bail can be granted to an accused in a NDPS case involving 1,190 kg of ganja when the trial is proceeding on defence witnesses.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 8/2-(II)(b)(c)
Subjects
- bail
- NDPS Act
- drug trafficking
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18045 of 2026
Arising out of PS. Case No.-29 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Shailendra Paswan Son of Virendra Paswan @ Birendra Paswan Resident of
Vill - Bhathar, P.S - Tharthari, Dist - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Adv.
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 27-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in Special (NDPS) P.S.
Case No. 29 of 2021 registered for an offence under Sections
8/2-(II)(b)(c) of the NDPS Act, 1985.
3. The allegation is that 1190 Kgs Ganja was
recovered from a truck. The petitioner was one of the occupants
of the truck. The trial report was called for and it appears from
the same that the case is running on defence witness thus the
responsibility of conclusion of trial now lies with the defence.
4. In such view of the matter, this court is not
inclined to grant bail to the petitioners.
5. Accordingly, the prayer for bail of the
Patna High Court CR. MISC. No.18045 of 2026(3) dt.27-05-2026
2/2
petitioner is rejected.
6. 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 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.
(Ansul, J)
Vikash/-
U T
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