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Patna High Court

Washique Alam @ Vasik Alam @ Tarikul Islam @ Tarikul @ Vasik @ WasikversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail is denied as there is no fresh ground and the trial is at an advanced stage.

Summary

The petitioner, Washique Alam, was arrested in August 2024 for alleged offences under Sections 8 and 20(b)(ii)(B) of the NDPS Act, involving a quantity of contraband exceeding commercial limits. He applied for regular bail, which was earlier rejected by the Patna High Court. A report showed that the trial is at the evidence stage, with three of four charge‑sheeted witnesses already examined and the trial expected to conclude within three months. The petitioner argued that he has been in judicial custody for over a year without justification, while the State opposed bail. The court found no fresh ground to revisit the bail issue and, noting the advanced stage of trial, again denied bail, directing the lower court to expedite the trial within two months and allowing the petitioner to renew his bail application thereafter.

Issues considered

  • Whether bail can be granted when the trial is at an advanced stage and the seized contraband exceeds commercial quantity
  • Whether any fresh ground exists to reconsider the bail petition

Legislation cited

Subjects

  • bail
  • NDPS Act
  • judicial custody
  • trial stage
  • commercial quantity
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5486 of 2026
                        Arising Out of PS. Case No.-41 Year-2024 Thana- GHURNA District- Araria
                 ======================================================
                 Washique Alam @ Vasik Alam @ Tarikul Islam @ Tarikul @ Vasik @ Wasik
                 S/O Abdul Khalik @ Abdul Khalek R/O Vill.- Basmatiya Tola Bara Babuwan,
                 Ward no. 10, P.S- Basmatiya, Dist- Araria
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudhanshu Kumar Lal, Advocate
                                                  Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :       Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The petitioner seeks bail in connection with NDPS

                   Case No. 46 of 2025 arising out of Ghurna P.S. Case No. 41 of

                   2024 instituted for the offences under Sections 8/20(b)(ii)(B) of

                   the N.D.P.S. Act.

                             3. Earlier vide order dated 05.02.2025 passed in Cr.

                   Misc. No. 4583 of 2025, regular bail of the petitioner was

                   rejected by this Court considering the quantity of recovered

                   contraband to be more than commercial quantity.

                             4. In compliance of the order dated 29.01.2026 a report

                   13.02.2026 with regard to the present stage of trial has been

                   received. From perusal of the aforesaid report, it appears that

                   trial is at the stage of evidence and three witnesses out of four
           Patna High Court CR. MISC. No.5486 of 2026(3) dt.11-03-2026
                                                       2/2




                     charge-sheeted witnesses have already been examined. It is

                     further reported that trial is likely to conclude in the next three

                     months.

                              5. Learned counsel for the petitioner submits that the

                     petitioner is languishing in judicial custody since 21.08.2024

                     without any rhymes or reason.

                              6. Learned APP for the State opposes the prayer for

                     grant of bail.

                              7. There is no fresh ground to consider the bail petition

                     of the petitioner. From the aforesaid report, it appears that the

                     trial is going on and is at an advance stage.

                                  8. In view of the above, the prayer for bail of the

                     petitioner is again rejected with a direction to the court below to

                     expedite the trial and conclude the same expeditiously

                     preferably within a period of two months from today. If the trial

                     is not concluded within the period of two months, as stated

                     above, the petitioner will be at liberty to renew his prayer before

                     the court below.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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