Patna High Court
Pushkar Singh @ Pushkar Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that bail must be granted as the right to a speedy trial outweighs the commercial‑quantity restriction and the charges had not been framed.
Summary
The petitioner, Pushkar Singh, was arrested in October 2023 for possession of a country-made pistol, two cartridges, and 1.28 kg of charas, and faces charges under IPC sections 399 and 402, the Arms Act, and the NDPS Act. He has a history of antecedents and remained in custody without the charges being framed. He applied for bail, which the State opposed, citing the NDPS Act’s ban on bail for commercial quantities. The court noted that the right to a speedy trial under Article 21 cannot be overridden by the commercial‑quantity ban and relied on Supreme Court precedents. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties, emphasizing that the order is only prima facie for the bail application.
Issues considered
- Whether bail can be granted in a case involving possession of a commercial quantity of narcotics under Section 37 of the NDPS Act.
- Whether the fundamental right to a speedy trial under Article 21 overrides the statutory ban on bail for commercial quantities.
- Whether bail may be granted when charges have not yet been framed.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Indian Penal Code — s. 399, 402
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 37, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- speedy trial
- Article 21
- Arms Act
- IPC theft
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27867 of 2026
Arising out of PS. Case No.-1063 Year-2023 Thana- TURKAULIYA District- East
Champaran
======================================================
Pushkar Singh @ Pushkar Kumar Singh Son of Bipin Bihari Singh Resident
of village- Bangari PS- Pipra Kothi District- East Champaran.
... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate
For the Opposite Party/s : Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Turkauliya P.S. Case
No. 1063 of 2023 registered under Sections 399 and 402 of the
Indian Penal Code, Sections 25(1-B)a, 26 and 35 of the Arms
Act and Sections 8 and 20(b)(ii)(c) of NDPS Act.
3. The allegation is that one country-made pistol and
two cartridges and 1.28 Kgs ‘Charas’ was recovered from the
possession of the petitioner. The petitioner carries large number
of antecedents.
4. Learned counsel for the petitioner submits that the
petitioner is in custody since 10.10.2023 and even the charges
have not been framed in the case.
Patna High Court CR. MISC. No.27867 of 2026(3) dt.13-05-2026
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5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. That the court is conscious of the fact that in cases
of commercial quantity, there is a ban under Section 37 NDPS
Act. However, the same cannot override the fundamental right
of speedy trial, held to be part and parcel of Article 21 of the
Constitution of India.
7. Considering the decision of Hon’ble Supreme Court
in the case of Dheeraj Kumar Shukla V. State of Uttar
Pradesh reported in 2023 SCC Online SC 918 and in the case
of Nitish Adhkary alias Bapan V. State of West Bengal
reported in 2022 SCC Online SC 2068 and that the petitioner is
in custody since 10.10.2023 and even the charges have not been
framed, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Sessions
Judge/Special Judge, East Champaran at Motihari in
connection with Turkauliya P.S. Case No. 1063 of
2023.
9. It is made clear that any observation made
Patna High Court CR. MISC. No.27867 of 2026(3) dt.13-05-2026
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herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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