Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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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