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Patna High Court

Brajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, holding that the extended custody and trial delay warranted relief.

Summary

Brajesh Kumar was arrested in connection with a case under Section 21(C) of the NDPS Act for allegedly possessing 700 bottles of prohibited Onerex cough syrup. He had been in custody since 3 January 2025 and had two prior criminal antecedents. His earlier bail application was rejected, and he filed a second regular bail application. The court noted the prolonged period of custody and the delay in trial, and, after hearing both sides, allowed the bail with a cash bond of Rs.10,000 and two sureties, subject to regular police attendance and cooperation with the trial. The bail was conditioned on weekly police station appearances and compliance with trial dates, with non‑compliance leading to cancellation.

Issues considered

  • Whether regular bail should be granted to an accused under Section 21(C) of the NDPS Act despite the seriousness of the offence and prior criminal antecedents
  • Whether the length of custody and delay in trial justify the grant of bail

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • Section 21(C)
  • custody
  • trial delay
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71717 of 2025
                      Arising Out of PS. Case No.-6 Year-2025 Thana- SONBERSA District- Sitamarhi
                 ======================================================
                 Brajesh Kumar Son of Baliram Prasad Singh Resident Of Village -Chakwa
                 Ward No 11, Ps- Bathnaha, Dist.- Sitamarhi
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar, Advocate
                 For the Opposite Party/s :       Mr.Jharkhandi Upadhyaya, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                    Heard the parties.

                                2. Mr. Jharkhandi Upadhyaya, learned A.P.P. for the

                   State has filed counter affidavit.

                                3. This is the second attempt of the petitioner for grant

                   of regular bail in connection Sonbarsa P.S. Case No. 06 of 2025

                   registered for the offence under Section 21 (C ) of NDPS Act.

                   Earlier the bail application of the petitioner was rejected vide

                   order dated 14.05.2025 passed in Cr. Misc. No. 20889 of 2025.

                                4. As per the prosecution case, 700 bottles each

                   containing 100 ml. of prohibited Onerex cough syrup has been

                   recovered from the Bajaj Auto of the petitioner. Petitioner is in

                   custody since 03.01.2025 and has two criminal antecedents.

                                5. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submits that in this case only charges
              Patna High Court CR. MISC. No.71717 of 2025(3) dt.11-02-2026
                                                          2/2




                        have been framed and no witness has been examined. The

                        petitioner undertakes to co-operate in the case/ trial.

                                     6. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     7. Considering the period of custody and the delay in

                        trial, this application for regular bail is allowed.

                                     8. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned Special Judge (N.D.P.S. Act),

                        Sitamarhi/concerned Court below in connection with Sonbarsa

                        P.S. Case No. 06/2025 subject to the following conditions:-

                                            (i) The petitioner after being released on bail, is
                                    directed to mark his attendance at Bathnaha Police
                                    Station, District- Sitamarhi on every Sunday of the month.
                                    Any default in appearance at the Police Station will result
                                    in cancellation of bail bonds of the petitioner.
                                            (ii) the petitioner after being released on bail is
                                    directed to co-operate in the trial either by appearing
                                    personally or through his lawyer in the Trial Court on
                                    each and every date fixed by the trial Court. Non-
                                    compliance of the condition will result in cancellation of
                                    the bail bonds of the petitioner.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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