Patna High Court
Birju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied as the quantity of narcotics and progress of trial warranted continued custody.
Summary
The petitioner, Birju Kumar, was apprehended as a co-passenger when 206.8 kg of ganja was seized from a truck. He filed a bail application in a case under Sections 8, 20(b)(ii)(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The trial court had examined five of six charge-sheet witnesses, with only the investigating officer yet to be examined. The High Court considered the large quantity of narcotics seized and the advanced stage of the trial, and consequently rejected the bail plea. However, noting that the petitioner had been in custody since 11 August 2022, the court directed the trial court to complete the trial within one year of receiving the order.
Issues considered
- Whether bail should be granted to an accused in a NDPS case involving 206.8 kg of ganja.
- Whether the stage of trial and quantity of narcotics justify denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 29, 8
Subjects
- bail
- NDPS Act
- drug trafficking
- quantity of narcotics
- trial delay
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81056 of 2025
Arising Out of PS. Case No.-220 Year-2022 Thana- KASIMBAZAR District- Munger
======================================================
Birju Kumar S/o Arjun Saw @ Arjun Sah R/o Muhalla- Ram Nagar Hirdan
Bigha, P.S- Barahiya, Dist- Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Union of India, through the Secretary, Ministry of Home Affairs
Narcotic Drugs Control Bureau. The Union of India, through the Secretary,
Ministry of Home Affairs Narcotic Drugs Control Bureau. Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjiv Kumar Singh
For the Opposite Party/s : Mrs.Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 27-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 8/20(b)(ii)(c)/25/29 of the N.D.P.S. Act.
3. As per F.I.R., 206.8 kg of Ganja was recovered
from a truck, of which, this petitioner was co-passenger and
apprehended on spot.
4. From perusal of report of learned Trial Court, it
appears that out of six chargesheeted witnesses, five witness
have already been examined and only I.O. is to be examined.
5. Considering the quantity of recovery of alleged
Ganja and progress of trial, the prayer for bail of petitioner is
Patna High Court CR. MISC. No.81056 of 2025(3) dt.27-01-2026
2/2
rejected. However, since petitioner is in custody since
11.08.2022, the learned trial court is directed to expedite and
conclude the trial within a period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
anay
U T
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