Patna High Court
Abhimanu Kumar Singh @ Abhimanyu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the prolonged custody and trial delay warranted the grant of regular bail to the petitioner.
Summary
The petitioner, Abhimanu Kumar Singh, was charged under sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for the alleged possession of 118 bottles of codeine phosphate and Triplodine cough syrup seized from his residence. He had been in custody since 3 December 2024 and his earlier bail application was rejected on 6 March 2025. The petitioner argued that the trial court was vacant, the trial had not progressed, and only one of eight witnesses had been examined, resulting in an inordinate delay. The High Court considered the prolonged detention and the lack of trial progress as sufficient grounds to grant bail. Accordingly, the Court ordered his release on a bail bond of Rs. 10,000 with two sureties who are blood relatives, and imposed conditions of personal appearance, cooperation with the trial, and weekly attendance at the police station.
Issues considered
- Whether bail should be granted in a case involving offences under sections 21 and 22 of the NDPS Act given the nature of the alleged offence
- Whether the vacancy of the trial court and the delay in trial proceedings justify the grant of regular bail
- Whether the conditions imposed by the Court are appropriate for ensuring the petitioner's attendance and cooperation
Legislation cited
Subjects
- NDPS Act
- bail
- trial delay
- court vacancy
- codeine possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71757 of 2025
Arising Out of PS. Case No.-176 Year-2024 Thana- TATARPUR District- Bhagalpur
======================================================
Abhimanu Kumar Singh @ Abhimanyu Kumar Singh S/o Raghunandan
Prasad R/o vill - Urdu Bazar, P.S.- Tatarpur, Distt.- Bhagalpur
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Vivekanand Vivek, Advocate
For the State : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with Tatarpur
P.S. Case No.176 of 2024 registered for the offence punishable
under sections 21 and 22 of the N.D.P.S. Act.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 06.03.2025 passed in Criminal
Miscellaneous No.10181 of 2025.
4. As per the F.I.R., there is recovery of 118
bottles of Codeine Phosphate and Triplodine cough syrup from
the house of the petitioner.
5. The petitioner is in custody since
03.12.2024.
6. It has been submitted by learned counsel for
the petitioner that the concerned trial court is vacant and
therefore the trial is not proceeding.
Patna High Court CR. MISC. No.71757 of 2025(3) dt.11-02-2026
2/2
7. From the report of the trial Judge, it appears
that out of eight witnesses, only one witness has been examined.
8. Considering the period of custody of the
petitioner and also the delay in trial, this bail application is
allowed.
9. 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 Additional District & Sessions Judge- I, Bhagalpur /
concerned Court below, in connection with Tatarpur P.S. Case
No.176 of 2024, subject to the conditions that both the bailors
will be the blood relatives of the petitioner and further the
petitioner will cooperate in the trial and will appear personally
or through his advocate on the date fixed in the trial.
10. This is also subject to the condition that the
petitioner, after being released on bail, is directed to mark his
attendance at Tatarpur Police Station, District- Bhagalpur on
every Sunday of the month. Any default in appearance at the
police station will result in cancellation of bail bonds of the
petitioner.
(Sandeep Kumar, J)
pawan/-
U T
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