Md. IbrarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36398 of 2026
                      Arising Out of PS. Case No.-275 Year-2025 Thana- DHAMDAHA District- Purnia
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                 Md. Ibrar Son of Noor Mohammad Resident of Moh.- Sonapur, Ward No. 2,
                 P.S.- Dhamdaha, Dist.- Purnea, Bihar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jyoti Ranjan Jha, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-06-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Special

                   (NDPS) Case No. 44 of 2026, arising out of Dhamdaha PS Case

                   No. 275 of 2025 instituted for the offence under Sections 8(c),

                   21(b) & 25 of the NDPS Act. Earlier vide order dated

                   11.02.2026, passed in Cr. Misc. No. 80677 of 2025, regular bail

                   of the petitioner was rejected by this Court.

                           3.       Learned counsel for the petitioner submits that the

                   present one is the second attempt for grant of regular bail to the

                   petitioner. It is mainly submitted that charge in this case is

                   framed and till date, no witness has been examined. It has been

                   submitted on behalf of the petitioner that the petitioner is in
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          custody since 22.09.2025, having no criminal antecedent.

          Learned counsel further submits that there is no likelihood of

          the trial being concluded in the near future. Learned counsel

          goes on to submit that the continued incarceration of the

          petitioner without conclusion of trial amounts to a gross

          violation of the fundamental right guaranteed under Article 21

          of the Constitution of India, which is reiterated by Hon’ble

          Apex Court in plethora of judgments.

                  4.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  5.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner and taking into

          account the fact that continued detention of the petitioner would

          serve no purpose other than punitive pretrial incarceration,

          which is antithetical to the spirit of Article 21 of the

          Constitution of India, this Court is inclined to grant bail to the

          petitioner.

                  6.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Special (NDPS)

          Case No. 44 of 2026, arising out of Dhamdaha PS Case No. 275
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                     of 2025, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T