Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail was granted to the petitioner with a bond of Rs.10,000 and specific conditions.
Summary
Ashish Kumar was found in possession of 102.41 grams of 'smack' while his co-accused, Sajan Kumar, possessed 204.06 grams. The petitioner’s earlier bail application was rejected, but the Supreme Court, in SLP (Cri) No. 10149 of 2025, allowed him to approach the High Court due to trial delays. Counsel highlighted that eight months had passed since charges were framed and only one witness had been examined, and the charge sheet lacked a forensic science laboratory report, indicating procedural lapses. The co-accused had been granted bail, strengthening the petitioner’s claim. Considering these circumstances, the Patna High Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding court appearances and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the delay in trial and limited witness examination.
- Whether the absence of a forensic science laboratory report in the charge sheet affects the bail decision.
- Whether the conditions imposed under the NDPS Act are sufficient to safeguard the trial process.
Legislation cited
Subjects
- bail
- NDPS Act
- trial delay
- forensic report
- criminal procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1819 of 2026
Arising Out of PS. Case No.-52 Year-2025 Thana- DAGARUA District- Purnia
======================================================
Ashish Kumar S/O Narayan Bishwas Resident of Village- Champa Nagar
Kohbara Ram Nagar, P.S- Champa Nagar, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bidhu Ranjan
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. As per allegation, 102.41 grams of smack was
recovered from possession of the petitioner whereas 204.06
grams of smack was recovered from possession of co-accused,
Sajan Kumar.
3. Earlier prayer for bail of the petitioner was rejected
by a detailed order dated 16-05-2025 passed in Cr. Misc. No.
30577 of 2025.
4. The petitioner approached the Hon’ble Supreme
Court and the Hon’ble Supreme Court vide order dated 21-07-
2025 in SLP (Cri) No(s) 10149 of 2025 though disposed of the
appeal of the petitioner but observed that the petitioner would
Patna High Court CR. MISC. No.1819 of 2026(2) dt.17-02-2026
2/3
not be debarred to take recourse before the High Court if there is
delay in trial.
5. Mr. N. K. Agrawal, learned Senior Counsel has
submitted that the charges were framed on 23-06-2025 and after
lapse of eight months, only one witness has been examined
which shows the snail pace of the trial. It has further been
submitted that the charge sheet was submitted without obtaining
FSL report and considering this fact, the co-accused Sajan
Kumar was granted bail by this court vide order dated 28-11-
2025 passed in Cr. Misc. No. 33215 of 2025.
5. Learned APP has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Special Judge,
(NDPS Act), Purnea in connection with Dagarua P.S. Case No.
52 of 2025 with the following conditions:
(i) The petitioner will appear in the
court below on each and every date fixed
in the case and if, he fails to do so on two
consecutive dates unless he is prevented
by extremely adverse circumstances, the
Patna High Court CR. MISC. No.1819 of 2026(2) dt.17-02-2026
3/3
learned court below shall be at liberty to
cancel the bail bonds of the petitioner.
(ii) Before accepting the bail bonds, the
criminal antecedent of the petitioner
shall be verified by the Superintendent
of Police, Purnea from all the police
stations of Purnea district and if, it is
found that he is involved in any other
case except the present one, his bail
bonds shall not be accepted.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
Checking your session…