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Patna High Court

Abhishek KumarversusThe Union of India through DRI

Decided
Disposal
BAIL REJECTED

Holding

The bail petition is dismissed as there are no fresh grounds for relief, and the trial must be expedited.

Summary

Abhishek Kumar was arrested in connection with a special NDPS case involving contraband exceeding commercial quantity and an embargo under Section 37 of the NDPS Act. He sought regular bail, arguing that he has no prior criminal record and has been in judicial custody since June 2024 without a speedy trial. The State opposed, noting that the trial has commenced and two witnesses have already been examined. The court observed that there were no new grounds to revisit the earlier bail denial and that the petition was a second attempt for bail. Consequently, the bail petition was rejected and the lower court was directed to expedite the trial.

Issues considered

  • Whether bail should be granted to the petitioner under the NDPS Act given the nature and quantity of the contraband and the embargo under Section 37.
  • Whether any fresh grounds exist to reconsider the earlier denial of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • contraband
  • commercial quantity
  • embargo
  • trial delay
  • regular bail
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2428 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.26015 of 2025
                           Arising Out of PS. Case No.-9 Year-2024 Thana- D.R.I District- Patna
                 ======================================================
                 Abhishek Kumar S/o Jagdish Mandal @ Jagdiesh Mandal R/o Village -
                 Madhuban, P.O - Khesar, P.S - Belhar, District - Banka, State - Bihar

                                                                                      ... ... Petitioner/s
                                                 Versus
           1.    The Union of India through DRI Bihar
           2.    The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ravish Mishra, Advocate
                 For the Opposite Party/s :        Mr. Sanchay Srivastava, Sr. S.C.
                                                   Mr. Sushant Srivastava, Advocate
                                                   Mrs. Sonali Priya, Advocate
                                                   Mr. Ankit kumar Singh, Jr. S.C.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   N.D.P.S. Special Ccase No. 81 of 2024, arising out of F. No.

                   DRI/LZU/PRU/718(ii)/ENQ-21/2024 in respect of DRI Patna

                   Unit Case No. 09 of 2024-2025 instituted for the offences under

                   Sections 8(c), 20(b)(ii)(c), 25 & 29 of the NDPS Act.

                           3.       This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected on merit by this Court vide order
           Patna High Court CR. MISC. No.2428 of 2026(3) dt.11-03-2026
                                                       2/2




                     dated 05.05.2025, passed in Cr. Misc. No. 26015 of 2025, taking

                     into account the recovery of contraband beyond commercial

                     quantity coupled with embargo under Section 37 of the NDPS

                     Act.

                              4.     Learned counsel for the petitioner submits that the

                     petitioner is languishing in judicial custody since 14.06.2024

                     without any rhymes or reason, having no criminal antecedent.

                     Learned counsel for the petitioner submits that there is no

                     likelihood of the trial being concluded in the near future, hence,

                     petitioner may be enlarged on bail.

                              5.     Learned APP for the State and learned counsel for

                     the DRI opposes the prayer for grant of bail. It is submitted that

                     trial has commenced and two witnesses have been examined

                     hitherto.

                              6.     There is no new ground to consider the bail petition

                     of the petitioner, which is already decided by this Court on

                     merit.

                              8.     In view of the above, the prayer for bail of the

                     petitioner is again rejected with a direction to the court below to

                     expedite the trial and conclude the same expeditiously.



Raj Kishore/-                                                     (Rudra Prakash Mishra, J)
U      T


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