Patna High Court
Umar Faurque @ Md. Umar FaruqueversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition was dismissed as there were no fresh grounds to grant bail.
Summary
The petitioner, Umar Faurque, was arrested in connection with a Special NDPS case (No. 154 of 2025) for alleged offences under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act. He has been in judicial custody since 27 May 2025, and his earlier bail application was rejected because the seized contraband exceeded commercial quantity. The petitioner sought bail again, arguing that charges have been framed and he has been detained without reason. The State opposed the bail, contending there were no fresh grounds to reconsider. The court found no new basis for granting bail and therefore dismissed the petition, directing the lower court to expedite the trial within six months, with a provision to renew the bail application if the trial is not concluded within that period.
Issues considered
- Whether the petitioner is entitled to bail in a Special NDPS case where contraband exceeds commercial quantity
- Whether there are any fresh grounds to reconsider a previously rejected bail application
Legislation cited
Subjects
- bail
- NDPS Act
- commercial quantity
- special court
- judicial custody
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2697 of 2026
Arising Out of PS. Case No.-59 Year-2025 Thana- JOGBANI District- Araria
======================================================
Umar Faurque @ Md. Umar Faruque S/O Md. Hasim R/O Vill.- Amauna,
Ward No.- 20, P.S- Jogbani, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad, Sr. Advocate
Mr. Dheeraj Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Special
(NDPS) Case No. 154 of 2025 arising out of Jogbani P.S. Case
No. 59 of 2025 instituted for the offences under Section 21(c) of
the N.D.P.S. Act.
3. Earlier vide order dated 25.09.2025 passed in Cr.
Misc. No. 49329 of 2025 regular bail of the petitioner was
rejected by this Court considering the recovery of the
contraband beyond the commercial quantity.
4. Learned counsel for the petitioner submits that the
petitioner charge has been framed in this case and is languishing
in judicial custody since 27.05.2025 without any rhymes or
Patna High Court CR. MISC. No.2697 of 2026(2) dt.30-01-2026
2/2
reason.
5. Learned APP for the State opposes the prayer for
grant of bail.
6. 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
preferably within a period of six months from today. However,
if the trial is not concluded within a period of six months from
today, liberty is granted to the petitioner to renew his prayer for
bail before the learned court below itself.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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