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Patna High Court

Umar Faurque @ Md. Umar FaruqueversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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