Patna High Court
Dharmendra Kumar @ Dharmendar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, directing release upon furnishing a bail bond and sureties.
Summary
The petitioner, Dharmendra Kumar, was arrested on 7 August 2024 for possession of 30 grams of smack, a contravention of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He applied for bail, which was earlier denied on 18 April 2025. By the date of the hearing (9 January 2026), the charge had been framed on 26 September 2025, but the trial had not progressed, leaving the petitioner in custody for over a year. The petitioner’s counsel argued that the prolonged detention without trial warranted bail, while the State opposed the relief. Considering the extensive period of custody and the lack of trial progress, the Court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to the satisfaction of the concerned Sessions Judge.
Issues considered
- Whether the petitioner is entitled to bail under the NDPS Act given the delay in trial.
- Whether the prolonged pre‑trial custody violates the petitioner’s right to a speedy trial.
Legislation cited
Subjects
- bail
- NDPS Act
- pre‑trial detention
- delay in trial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79474 of 2025
Arising Out of PS. Case No.-226 Year-2024 Thana- RAGHOPUR District- Vaishali
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Dharmendra Kumar @ Dharmendar Kumar Son of Dina Rai @ Deena Gop
R/o Village - Jethuli, P.S. - Nadi(Maujipur), Dist. - Patna(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Earlier, the prayer for bail of petitioner was
rejected, vide order dated 18.04.2025 passed in Cr.Misc. No.
83473 of 2024.
3. As per F.I.R., this petitioner was apprehended with
30 gram of Smack.
4. Learned counsel for the petitioner submits that in
this case, charge has already been framed on 26.09.2025 and till
date, there is no progress in the trial. Petitioner is in custody
since 07.08.2024.
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the period of custody and tardy
Patna High Court CR. MISC. No.79474 of 2025(2) dt.09-01-2026
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progress of trial, let the above named petitioner 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
learned District & Addl. Sessions Judge I-cum-Special Judge,
NDPS, Vaishali at Hajipur / concerned Court in connection with
N.D.P.S. Case No. 33 of 2025, arising out of Raghopur P.S.
Case No. 226 of 2024.
(Prabhat Kumar Singh, J)
anay
U T
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