Patna High Court
Sakaldeo PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail must be granted to the petitioner, subject to strict conditions, owing to the undue delay in trial and extended pre‑trial detention.
Summary
The petitioner, Sakaldeo Pandit, was arrested in March 2024 in connection with a large seizure of ganja and charged under Sections 8, 20(b)(ii)C and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. His earlier bail application was rejected in September 2024. The petitioner argued that he had been in custody for an extended period and that witnesses had been recalled but not examined, causing a delay in trial. The High Court considered the length of pre‑trial detention and the delay in the proceedings and decided to grant bail. The court ordered the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount, attend the police station weekly, and cooperate with the trial court, failing which the bail would be cancelled.
Issues considered
- Whether bail should be granted to an accused under Sections 8, 20(b)(ii)C and 29 of the NDPS Act given the nature of the offence.
- Whether the prolonged period of custody and delay in trial justify the grant of bail.
- What conditions may be imposed on bail in NDPS cases?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)C, 29, 8
Subjects
- bail
- NDPS Act
- pre‑trial detention
- delay in trial
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29006 of 2025
Arising Out of PS. Case No.-48 Year-2024 Thana- ANDHRAMATH District- Madhubani
======================================================
Sakaldeo Pandit S/O Govind Pandit @ Bal Gobind Pandit R/O Village-
Dangraha, P.S- Laukahi, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Balkrishna Mishra
For the State : Ms. Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. This is the second attempt on behalf of the petitioner for
grant of bail in connection with Andharamath P.S. Case No. 48 of
2024 registered for the offence under Sections 8/20(b)(ii)C/29 of the
N.D.P.S. Act.
3. Earlier, the bail application of the petitioner has been
rejected by this Court vide order dated 18.09.2024 passed in Cr.
Misc. No. 38461 of 2024.
4. Though, the recovery is of a huge quantity of ganja but
the petitioner is in jail since 15.03.2024.
5. From the report of the learned trial Judge, it appears
that the PW-1 and PW-2 have been recalled vide order dated
08.07.2025 but till date, no witness has been examined. This fact is
apparent from the certified copy of the order sheet produced by the
learned counsel for the petitioner which is taken on record.
Patna High Court CR. MISC. No.29006 of 2025(5) dt.10-02-2026
2/2
6. Considering the period of custody and the delay in trial,
this application is allowed.
7. 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 learned
Additional Sessions Judge-IV-cum-Special Judge NDPS Act,
Madhubani in connection with Andharamath P.S. Case No. 48 of
2024.
8. As a condition of this order, the petitioner after being
released on bail, is directed to mark his attendance at Laukahi Police
Station once in a week. Any default in appearance at the police
station will result in cancellation of bail bonds of the petitioner.
9. As a condition of this order, the petitioner after being
released on bail, is also directed to co-operate in the trial either by
appearing personally or through his lawyer in the trial Court on each
and every date fixed by the trial Court. Non-compliance of the
condition will result in cancellation of the bail bonds of the
petitioner.
(Sandeep Kumar, J)
priyanka/-
U T
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