Patna High Court
Vipul Chandra Pandey @ Bipul Chandra PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed regular bail to the petitioner subject to specified conditions.
Summary
Vipul Chandra Pandey was arrested in May 2023 for alleged possession of 21 kg of ganja, alleged under Sections 8 and 20(b)(ii)(c) of the NDPS Act. He remained in custody for nearly three years, with the trial delayed and only two of six witnesses examined. The petitioner claimed innocence, a clean antecedent, and pledged cooperation with the trial. Relying on the prolonged custody, trial delay, and the Supreme Court’s decision in Mohd. Muslim @ Hussain v. State of NCT of Delhi (2023), the Patna High Court allowed his regular bail. Bail was granted on a Rs.10,000 bond with two sureties, subject to verification of his clean antecedent, mandatory cooperation in the trial, and weekly attendance at Pirbahore Police Station.
Issues considered
- Whether regular bail should be granted to an accused under Sections 8 and 20(b)(ii)(c) of the NDPS Act given the seriousness of the offence, length of custody, and trial delay.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
Subjects
- regular bail
- NDPS Act
- trial delay
- clean antecedent
- Supreme Court precedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19801 of 2026
Arising Out of PS. Case No.-141 Year-2023 Thana- GAYA RAIL P.S. District- Gaya
======================================================
Vipul Chandra Pandey @ Bipul Chandra Pandey S/o Late Balmiki Pandey
R/o Village- Baligaon, Ward No.11, P.S- Aayar, Dist- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Mobassar Ali, Advocate
For the Opposite Party/s : Mr.Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in the present case
registered for the offences punishable under Sections 8/20(b) (ii)
(c) of the N.D.P.S. Act.
3. As per the prosecution case, 21 kg of ganja has
been recovered from the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner
claims clean antecedent and he is in custody since 15.05.2023. It
is lastly submitted that out of six only two witnesses have been
examined and the trial is being delayed by the prosecution. The
petitioner undertakes to co-operate in the case/ trial.
Patna High Court CR. MISC. No.19801 of 2026(2) dt.29-04-2026
2/3
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the period of custody, delay in trial as
well as the judgment of the Hon’ble Supreme Court in the case
of Mohd. Muslim @ Hussain vs. State of (NCT of Delhi)
reported as 2023 SCC Online SC 352, 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 District and Additional Sessions
Judge -XIV, Gaya /concerned Court below in connection with
Gaya Rail P.S. Case No. 141 of 2023 subject to the following
conditions:-
(i) At the time of accepting the bail bonds
of the petitioner, the Court below shall verify the
statement of the petitioner that he has clean
antecedent. The bail bonds of the petitioner shall
only be accepted if it is found that he has clean
antecedent.
(ii) the petitioner after being released on
bail is directed to co-operate in the trial either by
appearing personally or through his lawyer in the
Trial Court on each and every date fixed by the
trial Court. Non-compliance of the condition will
Patna High Court CR. MISC. No.19801 of 2026(2) dt.29-04-2026
3/3
result in cancellation of the bail bonds of the
petitioner.
(iii) The petitioner after being released on
bail, is directed to mark his attendance at Pirbahore
Police Station, District- Patna on every Sunday of the
month. Any default in appearance at the Police Station
will result in cancellation of bail bonds of the
petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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