Patna High Court
Om Prakash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied as the petitioner had not shown any fresh ground and the contraband seized exceeded commercial quantity, justifying continued custody.
Summary
The petitioner, Om Prakash Paswan, was arrested in connection with NDPS Case No. 05 of 2025 for alleged offences under Sections 22(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act. He applied for bail, claiming he had been in judicial custody since 18 January 2025 without justification. The trial court had earlier rejected his bail on the ground that the contraband seized exceeded commercial quantity and that the prosecution case was still pending. The High Court noted that the lower court’s order of 10 February 2026 indicated that prosecution evidence and summons were still pending, and no new grounds for bail had been raised. Consequently, the High Court upheld the lower court’s decision, rejecting the bail application and directing the trial court to expedite the trial.
Issues considered
- What is the appropriate standard for granting bail in NDPS cases involving contraband beyond commercial quantity?
- Whether the petitioner has raised any fresh ground that warrants reconsideration of bail?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(c), 25, 29
Subjects
- bail
- NDPS Act
- commercial quantity
- judicial custody
- expedited trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24814 of 2026
Arising Out of PS. Case No.-20 Year-2025 Thana- BIRPUR District- Supaul
======================================================
Om Prakash Paswan S/O Kishori Paswan Resident of Village - Bela Ward
No.- 4, P.S- Basmatiya, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimal Kumar, Advocate
For the Opposite Party/s : Mr.Madan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with NDPS
Case No. 05 of 2025, arising out of Birpur P.S. Case No. 20 of
2025, instituted for the offences under Sections 22(c), 25 and 29
of the NDPS Act.
3. Earlier, vide order dated 15.09.2025 passed in Cr.
Misc. No. 43647 of 2025, regular bail of the petitioner was
rejected by this Court considering the recovery of contraband
beyond commercial quantity.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 18.01.2025
without any rhymes or reason.
5. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.24814 of 2026(2) dt.17-04-2026
2/2
grant of bail.
6. From perusal of the record it appears that learned
Court below while rejecting the bail application of the petitioner
vide order dated 10.02.2026 passed in NDPS Case No. 05 of
2025 has stated that the record is pending for prosecution
evidence and summons as well as bailable warrant of arrest have
been issued against the prosecution witnesses. There is no fresh
ground to consider the bail petition of the petitioner.
7. 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.
(Rudra Prakash Mishra, J)
manish/-
U T
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