Patna High Court
Sujeet Kumar Basak @ Sujeet Kr. BosakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that, given the extended custody and trial delay, regular bail should be granted in this NDPS case.
Summary
The petitioner, Sujeet Kumar Basak, was arrested on 6 January 2025 and charged under Section 21(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of 6.238 kg of ganja, as recorded in Bahadurganj Police Station Case No. 08 of 2025. He had previously applied for regular bail, which was denied on 16 April 2025. On a second application, the petitioner, represented by counsel Mr. Raj Kumar, asserted his innocence, clean antecedents, and highlighted the prolonged period of custody and delay in trial. The State, through counsel Mr. Meena Singh, opposed the bail. Considering the length of detention and the trial delay, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to comply with attendance conditions at the police station and regular trial appearances. The bail was granted subject to cancellation if the petitioner defaults on these conditions.
Issues considered
- What is the appropriateness of granting regular bail in an NDPS offence involving possession of a substantial quantity of ganja?
- Does the period of custody and delay in trial justify the grant of bail despite the seriousness of the offence?
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b)(ii)(B)
Subjects
- NDPS Act
- regular bail
- possession of cannabis
- trial delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69164 of 2025
Arising Out of PS. Case No.-8 Year-2025 Thana- BAHADURGANJ District- Kishanganj
======================================================
Sujeet Kumar Basak @ Sujeet Kr. Bosak son of Upender Lal Basak Resident
of Village- Thakurbari Road, Basak tola, P.S- Bahadurganj, District-
Kishanganj
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar
For the Opposite Party/s : Mr. Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Bahadurganj P.S. Case No. 08 of 2025
registered for the offence under Sections 21(b)(ii)(B) of the
NDPS Act. Earlier the prayer of the petitioner for bail was
rejected on 16.04.2025 in Cr. Misc. No. 17395 of 2025.
3. As per the prosecution case, 6.238 Kg of ganja has
been recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 06.01.2025 and claims clean
antecedent. He further submits that the charge has been framed.
Patna High Court CR. MISC. No.69164 of 2025(3) dt.11-02-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the period of custody and the delay in
the trial, this application for regular bail is allowed.
7. Accordingly, 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 the learned Sessions Judge-cum-Special Judge,
NDPS Act, Kishanganj/concerned Court below in connection
with Bahadurganj P.S. Case No. 08 of 2025 subject to condition
that:-
(i). The petitioner will mark his
attendance at the Bahadurganj Police
Station on the first & third Sunday of each
month. Any default in appearance at the
Police Station would result in cancellation of
bail bond of the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U
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