Patna High Court
Biresh @ VireshversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The High Court granted bail to the petitioner, subject to bond and conditions, recognizing the excessive pre‑trial detention and the Supreme Court’s guidance.
Summary
Biresh, a truck driver, was arrested in April 2021 with 180 kg of ganja recovered from his vehicle, an offence under Sections 8, 20(b)(ii)(c) of the NDPS Act. After an earlier bail denial, the Supreme Court, in SLP (Cr) No. 30026 of 2024, directed that the co‑accused could seek bail due to prolonged incarceration and trial delays. The trial court refused, but the High Court later granted bail to the co‑accused. Biresh now applied for bail, arguing that he has been in custody for over four years, has no prior criminal record, and that the trial is pending. The State opposed bail, citing the commercial quantity of the narcotics and the stringent provisions of Section 37 of the NDPS Act. Considering the lengthy pre‑trial detention, the Supreme Court’s guidance, and the petitioner’s clean antecedents, the Court granted bail on a bond of Rs. 25,000 with two sureties and imposed conditions to ensure his presence at trial and non‑interference with evidence.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act for a commercial quantity of narcotics after prolonged pre‑trial detention.
- Whether the Supreme Court’s direction in SLP (Cr) No. 30026 of 2024 obliges the trial court to grant bail in such circumstances.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 37, 8
Subjects
- NDPS Act
- bail
- commercial quantity
- pre‑trial detention
- right to liberty
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63463 of 2025
Arising Out of PS. Case No.-43 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Gaya
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Biresh @ Viresh S/O Haram singh @ Horam @ Oram @ Horam Singh
Resident Of Village- Asdharmai, P.S.- Usawa, Dist.- Badayu (Uttar Pradesh)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Adv.
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
5 09-01-2026 Heard the learned Advocate for the petitioner and the
learned APP for the State.
2. The petitioner seeks regular bail, who is in custody
in connection with N.D.P.S. Case No. 43 of 2021, registered for
the offence punishable under Sections 8 / 20(b)(ii)(c) of the
N.D.P.S. Act.
3. This is the second attempt made on behalf of the
petitioner, as earlier the prayer for bail of the petitioner along
with one co-accused Gobind was negated by this Court in Cr.
Misc. No. 56534 of 2021 vide order dated 17.10.2022, after
taking into consideration that the petitioner along with co-
accused was apprehended; who were carrying consignment in a
truck from Ramgarh (Jharkhand) and the same was to be handed
over to one Hakim Singh at Agra (Uttar Pradesh). In course of
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search, 180 Kg ganja was recovered.
4. Learned Advocate for the petitioner, at the outset,
submits that the prayer for bail of the petitioner was rejected on
merit and, as such, he is not making any such submission
touching about the merit of the case. However, certain
subsequent development has taken place, inasmuch as, co-
accused Gobind, in the meanwhile, had approached the Hon’ble
Supreme Court in Special Leave Petition (Criminal) Diary No.
30026 of 2024 and the Court having taken note of the prolonged
incarceration and also the fact that the trial had not commenced
due to the fault of the prosecution, extended liberty to the
petitioner to approach the trial Court for grant of bail.
5. Notwithstanding the aforesaid liberty extended to
the co-accused by the Hon’ble Apex Court, when the trial Court
has refused to extend the privilege of bail, he moved before this
Court in Cr. Misc. No. 25787 of 2025 and this Court placing
reliance upon the decision rendered in Hussainara Khatoon &
Ors. Vs. Home Secretary, State of Bihar [(1980) 1 SCC 81];
Mohd Muslim @ Hussain Vs. State (NCT of Delhi) [2023 SCC
OnLine SC 352] and further in Satender Kumar Antil Vs.
Central Bureau of Investigation & Anr. [(2022) 10 SCC 51]
has granted bail vide order dated 27.06.2025. It is further
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contended that now the petitioner has been incarcerated since
19.04.2021 and he is said to be driver of the truck, in question,
form where the recovery has been made.
6. On the other hand, learned APP for the State
vehemently opposes the bail application and submits that the
petitioner was the driver of the truck, in question, from where
180 Kg of ganja was recovered, which is admittedly a
commercial quantity and, as such, the rigors provided under
Section 37 of the NDPS Act as well as the caution made by the
Hon’ble Supreme Court to ascertain as to whether there is
reasonable ground for believing that the accused is not guilty of
the offence and further he is not likely to commit offence under
the said Act is mandatory. It is also contended that the trial is
going on and the same would be completed in due course.
7. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the fact that identically situated person, who was also
apprehended along with the petitioner in the truck, from where
the entire recovery has been made, extended the privilege of bail
by this Court in Cr. Misc. No. 25787 of 2025 and now the
petitioner has been incarcerated since 19.04.2021 and more than
four year and 8 months have been lapsed and there is no
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likelihood of conclusion of trial in near future; besides the
petitioner having fair antecedent, as also the mandate of the
Apex Court, referred in the aforegoing paragraphs, let the
petitioner, named above, be released on bail on furnishing bail
bonds of Rs. 25,000/- (Rupees twenty-five thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Additional Sessions Judge 1st, Gaya in connection
with N.D.P.S. Case No. 43 of 2021, subject to the condition that
one of the bailors will be the close relatives of the petitioner
with further conditions which are as follows:-
(i) The petitioner will cooperate in conclusion of the
trial.
(ii) He will remain present on each and every date of
trial till disposal of the case.
(iii) He will not try to tamper with the evidence or
intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates
without any cogent reason, his bail bonds will liable to be
cancelled.
(Harish Kumar, J)
shivank/-
U T
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