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Patna High Court

Abhishek Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to strict conditions, given the trial delay and the bail already granted to co‑accused.

Summary

Abhishek Kumar Gupta was arrested on 26‑12‑2023 after 506 g of cannabis (smack) was recovered from his lap, and was charged under Sections 8(c), 21(c), 25 and 29 of the NDPS Act. An earlier application for anticipatory bail was rejected. The trial court framed charges on 01‑05‑2025, but no witnesses have been examined and the trial appears to be delayed. Several co‑accused have already been released on bail. The petitioner, represented by senior counsel N. K. Agarwal and Advocate Jay Ram Prasad, sought regular bail, arguing clean antecedents and prolonged pre‑trial detention. The State opposed the bail. Considering the delay, the non‑examination of witnesses, and the bail granted to co‑accused, the High Court ordered the petitioner’s release on bail with a bond of Rs 10,000 and three conditions, including cooperation with the trial and no tampering with evidence.

Issues considered

  • Whether bail should be granted to an accused charged under Sections 8(c), 21(c), 25 and 29 of the NDPS Act where a commercial quantity of narcotic has been seized.
  • Whether the prolonged pre‑trial detention and delay in trial justify bail despite the seriousness of the offence.
  • Whether the bail granted to co‑accused influences the decision on bail for the petitioner.

Legislation cited

Subjects

  • NDPS Act
  • bail
  • anticipatory bail
  • pre‑trial detention
  • commercial quantity
  • co‑accused bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55430 of 2025
                 Arising Out of PS. Case No.-876 Year-2023 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Abhishek Kumar Gupta S/O Jitendra Kumar R/O Village- Fulka, P.S-
                 Jamalpur, Distt.- Munger.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. N. K. Agarwal, Sr. Advocate
                                                Mr. Jay Ram Prasad, Advocate
                 For the Opposite Party/s :     Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

6   16-03-2026                   Heard Mr. N. K. Agarwal, learned senior counsel for

                   the petitioner and Mr. Anil Prasad Singh, learned A.P.P. for the

                   State.

                                 2. The petitioner seeks bail, who is in custody since

                   26.12.2023 in connection with Special (NDPS) Case No. 103 of

                   2024, (arising out of Ram Krishna Nagar P.S. Case No.

                   876/2023) F.I.R. dated 25.12.2023, registered for the offence

                   punishable under Sections 8(c), 21(c), 25, 29 of the NDPS Act.

                                 3. Earlier, the prayer for grant of anticipatory bail of

                   the petitioner was rejected by coordinate Bench of this Hon’ble

                   Court vide order dated 08.08.2024 passed in Cr. Misc. No.

                   54937 of 2024.

                                 4. According to prosecution case, total 506 grams of
Patna High Court CR. MISC. No.55430 of 2025(6) dt.16-03-2026
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          smack was recovered from the lap of the petitioner who was

          sitting in the car.

                       5. Learned senior counsel appearing for the petitioner

          submits that the petitioner has clean antecedent and he is in

          custody since 26.12.2023 and the trial is not in progress.

          Learned counsel further submits that although the alleged

          recovery is made from the possession of the petitioner and the

          recovered contraband is more than commercial quantity and

          nine persons have been arrested along with the petitioner in the

          present FIR.

                       6. Vide order dated 19.02.2026, a report was called for

          with regard to stage of trial. Report dated 23.02.2026 of learned

          trial court reveals that charge has been framed against the

          petitioner and other accused persons on 01.05.2025 u/s 21(c), 25

          and 29 of the NDPS Act. Out of eight charge-sheet witnesses, no

          one has turned up for examination till now. Despite of summons

          issued by the learned trial court, thereafter the bailable warrant

          has also issued against the witnesses, then NBW was issued

          against the informant and I.O. on 24.01.2026.

                       7. Learned senior counsel for the petitioner submits

          that in view of the report of the learned trial court that the trial is

          not going to conclude in near future and the petitioner is in
Patna High Court CR. MISC. No.55430 of 2025(6) dt.16-03-2026
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          custody since more than two years and the co-accused persons,

          namely, Himanshu Kumar, has been granted bail by a corrdinate

          Bench of this Hon’ble Court vide order dated 18.05.2024 passed

          in Cr. Misc. No. 41687 of 2024, co-accused person, namely,

          Yuvraj @ Abhiraj has been granted bail by a coordinate Bench

          of this Hon’ble Court vide order dated 18.03.2024 passed in Cr.

          Misc. No. 26354/2024 and Amit Raj @ Atul has been granted

          bail by a coordinate Bench of this Hon’ble Court vide order

          dated 12.11.2024 passed in Cr. Misc. No. 81577 of 2024.

                       8. Learned A.P.P. for the State on the other hand has

          vehemently opposed the prayer for bail of the petitioner.

                       9. Considering the aforesaid facts and circumstances

          of the case and also the report of learned trial court and period

          of custody of the petitioner and similarly situated co-accused

          persons have been granted bail by a different coordinate Bench

          of this Hon’ble Court, 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 learned Exclusive Special Judge, NDPS No-II,

          Patna, in connection with Special (NDPS) Case No. 103 of

          2024, (arising out of Ram Krishna Nagar P.S. Case No.

          876/2023), with the following conditions:-
            Patna High Court CR. MISC. No.55430 of 2025(6) dt.16-03-2026
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                                   (i) Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the Court

                      and shall remain physically present as directed by the Court and

                      on his/her absence on two consecutive dates without sufficient

                      reason, his/her bail bond shall be cancelled by the Court below.

                                   (ii) If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   (iii) And, further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage, it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-
U       T


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