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Patna High Court

Vinod KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition for default bail was rejected.

Summary

Vinod Kumar filed an application for default bail under Section 187(2) of the Bihar Narcotic Substances (Control) Act, 2023, in connection with a case registered under multiple sections of the NDPS Act for alleged possession of 10 kg of charas. The trial court reported that the trial was nearing its conclusion and the defense had been given a final opportunity to present evidence. The High Court examined whether bail could be granted at such an advanced stage of the proceedings. Considering the seriousness of the offence and the proximity to the trial’s end, the Court found no merit in granting default bail. Consequently, the petition for bail was rejected. The order was pronounced by Justice Nawneet Kumar Pandey.

Issues considered

  • Whether default bail under Section 187(2) of the BNSS, 2023 can be granted when the trial is on the verge of conclusion
  • Whether the seriousness of the alleged possession of 10 kg of charas precludes the grant of bail

Legislation cited

Subjects

  • bail
  • default bail
  • NDPS Act
  • charas possession
  • high court
  • trial stage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53149 of 2025
                  Arising Out of PS. Case No.-27 Year-2024 Thana- BHANGHA District- West Champaran
                 ======================================================
                 Vinod Kumar S/o Gyani Sah R/o Village- Rampurwa Tola, Chapariya, P.S.-
                 Mainatand, District- West Champaran
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dhananjay Kumar
                 For the Opposite Party/s :      Mr.Shantanu Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

6   20-01-2026                    Heard the learned counsel for the petitioner as well

                   as the learned APP for the State.

                                2. The petitioner prefer this application for default

                   bail under Section 187(2) of the BNSS, 2023 in connection with

                   Bhangha Town P.S. Case No. 27 of 2024 registered under

                   Sections 8,20(b)(ii)(c)/21(c), 22(c), 23(c) and 28/29 of the

                   NDPS Act.

                                3. The specific allegation against the petitioner is that

                   he was found in conscious possession of 10 kg of charas, which

                   was allegedly recovered from him during search conducted by

                   the police.

                                4. A report regarding the stage of trial was called for

                   from the learned court below, which has been received.

                                5. The report of the learned trial court shows that the
           Patna High Court CR. MISC. No.53149 of 2025(6) dt.20-01-2026
                                                       2/2




                     trial is on the verge of its conclusion. The last opportunity has

                     been given to the defense for presenting their defense evidence.

                                  6. Accordingly, this petition is rejected.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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