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Patna High Court

Sujeet Kumar Basak @ Sujeet Kr. BosakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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