Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that bail should be granted, subject to a cash bond, two sureties and a condition allowing cancellation if the trial is delayed.
Summary
Sudhir Kumar was arrested on 25 February 2026 in connection with offences under Sections 30(a) and 41 of the Excise Act and Section 21(c) of the NDPS Act. He had earlier applied for regular bail, which was rejected on 4 May 2026, with liberty to re‑apply after charge‑framing. The petitioner, represented by counsel, argued that he has a clean antecedent and that the charges have now been framed. The State opposed the bail. The Court considered the submissions and directed that the petitioner be released on bail upon furnishing a cash bond of Rs.25,000 and two sureties of the same amount, one of whom must be his father, Vishundev Yadav. The bail was granted subject to the condition that the trial court may cancel the bail if it finds the petitioner attempting to delay the trial.
Issues considered
- Whether bail should be granted to an accused charged under Sections 30(a) and 41 of the Excise Act and Section 21(c) of the NDPS Act.
- Whether the petitioner’s clean antecedent and the framing of charges justify the grant of bail after a prior rejection.
Legislation cited
- Excise Act — s. 30(a), 41
- NDPS Act — s. 21(c)
Subjects
- bail
- Excise Act
- NDPS Act
- high court
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41254 of 2026
Arising Out of PS. Case No.-272 Year-2025 Thana- MAHISHI District- Saharsa
======================================================
Sudhir Kumar S/O-Vishundev Yadav @ Bishundev Yadav Resident of
village-Lakhni, PS- Mahishi, District-Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra
Ms. Isha Mishra
For the Opposite Party/s : Mr. Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 1. Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a) and 41 of the Excise Act
and Section 21(c) of the NDPS Act.
3. The learned counsel for the petitioner submits that
the petitioner is in custody since 25.02.2026 and is a person with
clean antecedent. It is next submitted that petitioner had earlier
moved before this Court seeking regular bail by filing Cr. Misc.
No.29648 of 2026 and the same came to be rejected by an order
dated 04.05.2026 with liberty to the petitioner to renew his prayer
for bail after framing of charge.
4. The learned counsel for the petitioner submits that
the charges against the petitioner stands framed by an order dated
Patna High Court CR. MISC. No.41254 of 2026(2) dt.03-07-2026
2/2
18.05.2026, as would manifest from Annexure-P/4 to the regular
bail application.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner, above-
named, is directed to be released on bail on his furnishing bail-
bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending in connection with
Special NDPS Case No.09 of 2026 arising out of Mahishi P. S.
Case No.272 of 2025, with a condition that one of the bailors of
the petitioner shall be his father namely, Vishundev Yadav @
Bishundev Yadav.
7. The application stands allowed.
8. It is further made clear that if the learned trial court
comes to a conclusion that petitioner after his release is trying to
delay the trial of the case in any manner, the learned trial court
shall be at liberty to cancel the bail bonds of the petitioner after
recording reasons.
(Satyavrat Verma, J)
vikash/-
U T
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