Patna High Court
Sanjeev Kumar @ Sanjiv KumarversusThe Union of India, through Directorate of Revenue Intelligence, Regional Unit, Patna
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that because the trial was progressing, bail could not be granted.
Summary
The petitioner, Sanjeev Kumar, filed a second application for regular bail in a case registered under the NDPS Act for alleged offences under Sections 20(b)(ii)(c), 25 and 29. He argued that the trial was being delayed by the Directorate of Revenue Intelligence (DRI), having been in custody since 8 May 2024, and therefore he deserved bail. The DRI contended that out of eight witnesses, only one had been examined and recent condolence ceremonies had prevented further examination, indicating that the trial was progressing. The Court observed that the trial was indeed moving forward and was not persuaded that the delay warranted bail. Consequently, the bail application was dismissed, and the trial judge was directed to expedite witness examination to safeguard the petitioner’s right to a speedy trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged delay in trial.
- Whether the progress of witness examination justifies denial of bail under the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 29
Subjects
- bail
- NDPS Act
- speedy trial
- DRI
- witness examination
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76175 of 2025
Arising Out of PS. Case No.-14 Year-2024 Thana- D.R.I District- Patna
======================================================
Sanjeev Kumar @ Sanjiv Kumar S/o Late Baleshwar Singh R/o village -
Pokhraira, P.O - Senduari, P.S - Kajipur, Hajipur, District - Vaishali
... ... Petitioner/s
Versus
The Union of India, through Directorate of Revenue Intelligence, Regional
Unit, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Rajeev
For the Opposite Party/s : Mr.Dr. Krishna Nandan Singh (A.S.G.)
Mr. Amit Pandey, DRI Counsel
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with DRI, Patna Unit Case No. 02
of 2024-25, DRI File No. DRI/LZU/PRU/718(ii)/ENQ-14/2024,
Special NDPS Act Case No. 175 of 2024 registered for the
offence under Sections 20(b)(ii)(c)/25 and 29 of the NDPS Act.
Earlier the bail application of the petitioner was rejected vide
order dated 20.11.2024 passed in Cr. Misc. No. 60845 of 2024.
3. It has been submitted by the learned counsel for the
petitioner that the trial of the petitioner is delayed by the DRI
and therefore the petitioner deserves bail as he is in custody
since 8.5.2024.
4. Learned counsel for the DRI submits that out of
Patna High Court CR. MISC. No.76175 of 2025(3) dt.11-02-2026
2/2
eight witnesses, one witness has already been examined and on
the last two dates, condolence has been held and because of the
same the witnesses could not be examined.
5. In view of the fact that the trial is progressing, this
Court is not inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
7. The trial Judge is directed to give short dates and
get the witnesses examined so that the right of the petitioner for
speedy trial is not hampered.
(Sandeep Kumar, J)
Vikas/-
U
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