Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-b)a, 25/35
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 29
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.