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Patna High Court

Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, citing trial delay and the applicable Supreme Court precedent.

Summary

The petitioner, Ranjan Kumar, was arrested on 10 June 2023 in connection with the recovery of 1.08 kg of charas and charged under Sections 20(b)(ii)(c) and 29 of the NDPS Act and Sections 25(1‑b)a, 25/35 of the Arms Act. He filed a third application for regular bail, contending that he is innocent and that the trial has been unduly delayed, with only six of eleven witnesses examined. The petitioner relied on the Supreme Court decision in State of Haryana v. Samarth Kumar (2022 SCC OnLine SC 1562), which holds that a trial delay caused by the prosecution can justify bail even when a large quantity of narcotics is involved. The Patna High Court, noting the prosecution‑induced delay and the Supreme Court precedent, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear in court on every scheduled date. Non‑compliance with the appearance condition for two consecutive dates would result in automatic cancellation of the bail bond.

Issues considered

  • The trial delay caused by the prosecution violates the petitioner’s right to a speedy trial and warrants bail.
  • Whether the Supreme Court’s ruling in State of Haryana v. Samarth Kumar is applicable to grant bail in a case involving more than a small quantity of narcotics.
  • Whether bail can be granted despite the seriousness of the offences under the NDPS and Arms Acts.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Arms Act
  • speedy trial
  • trial delay
  • regular bail
  • charas
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36812 of 2026
                       Arising Out of PS. Case No.-283 Year-2023 Thana- DUMRA District- Sitamarhi
                 ======================================================
                 Ranjan Kumar S/o Laxmi Sah R/o Village - Mohani Mandal Ward no. 13, P.S.
                 - Suppi, Dist. - Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agarwal, Sr. Adv.
                                                  Mr.Saroj Kumar Choudhary
                 For the Opposite Party/s :       Mr.Nagendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-06-2026                      Heard the parties.

                                    2. This is the third attempt of the petitioner for

                   grant of regular bail in connection with Dumra P.S. Case No.

                   283 of 2023 registered for the offence under Sections 20(b)(ii)

                   (c), 29 of the NDPS Act and under Section 25(1-b)a, 25/35 of

                   the Arms Act.

                                    3. As per the prosecution case, the recovery is of

                   1.08 Kg of Charas.

                                    4. The petitioner is in custody since 10.06.2023.

                                    5. Learned senior counsel for the petitioner submits

                   that the petitioner is innocent and has falsely been implicated in

                   this case. He next submits that in the trial, out of 11 witnesses, 6

                   have been examined and the trial is delayed. He next submits
Patna High Court CR. MISC. No.36812 of 2026(2) dt.30-06-2026
                                            2/3




          that the petitioner has a right of speedy trial.

                          6. Learned senior counsel for the petitioner also

          relies upon the judgment of the Hon’ble Supreme Court in the

          case of State of Haryana Vs. Samarth Kumar reported in 2022

          SCC OnLine SC 1562 and has submitted that the Hon’ble

          Supreme Court has held that in a case, if the trial is delayed by

          the prosecution, the petitioner may be granted bail if the

          recovery is of more than small quantity.

                          7. Considering the submission of the learned senior

          counsel for the petitioner, the fact that the trial is delayed by the

          prosecution and also considering the judgment of the Hon’ble

          Supreme Court in the case of State of Haryana Vs. Samarth

          Kumar (Supra), this application is allowed.

                            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 concerned court below in connection with Dumra

          P.S. Case No. 283 of 2023.

                          9. As a condition of this order, the petitioner, after

          being released on bail, is 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
          Patna High Court CR. MISC. No.36812 of 2026(2) dt.30-06-2026
                                                      3/3




                    of the condition on two consecutive dates will result in

                    automatic cancellation of the bail bonds of the petitioner.




                                                            (Sandeep Kumar, J)
Vikas/-

U


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