Patna High Court
Shiv kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied as there were no new grounds and the trial was at an advanced stage with contraband beyond commercial quantity.
Summary
Shiv Kumar, accused under Sections 20(b)II(c), 23, 25 and 29 of the NDPS Act, applied for regular bail in a case registered in 2022. This was his second bail application after the Patna High Court rejected his earlier petition on the ground that the contraband seized exceeded commercial quantity. The court noted that the charge was framed in May 2023, all prosecution witnesses had been examined and only two independent witnesses remained, with the trial expected to conclude within two months. The petitioner argued that he had been in judicial custody since June 2022 without justification. The State opposed bail, contending there were no new grounds and the trial was at an advanced stage. Consequently, the court dismissed the bail petition, directing the lower court to expedite the remaining trial proceedings.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act when the trial is at an advanced stage and the contraband exceeds commercial quantity
- Whether the petitioner has raised any new ground justifying a fresh consideration of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)II(c), 23, 25, 29
Subjects
- bail
- NDPS Act
- contraband
- advanced stage trial
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81907 of 2025
Arising Out of PS. Case No.-249 Year-2022 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Shiv kumar S/o Yogendra Resident of Village- Vid Farma, P.S.- Sadar, Hasi,
Distt.- Hisar, State- Haryana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priya Raj, Advocate
For the Opposite Party/s : Mr.Anita Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kuchaikote P.S. Case No. 249 of 2022, instituted for the
offences under Sections 20(b)II(c), 23, 25 and 29 of the NDPS
Act.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected on merit by this Court vide order
dated 14.11.2024 passed in Criminal Miscellaneous No. 61474
of 2024, taking into account the recovery of contraband beyond
commercial quantity.
4. In compliance of the order dated 28.11.2025, a
report dated 08.12.2025 with regard to the present stage of trial
Patna High Court CR. MISC. No.81907 of 2025(3) dt.09-01-2026
2/2
has been received. From perusal of the aforesaid report, it
appears that charge has been framed on 16.05.2023. It is further
reported that all chargesheet witnesses have been examined in
this case and only two independent witnesses have to be
examined in this case. The trial of the case may be concluded
within two months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 05.06.2022
without any rhymes or reason.
6. Learned A.P.P. for the State opposes the prayer for
grant of bail.
7. There is no new ground to consider the bail petition
of the petitioner. From the aforesaid report, it appears that the
trial is going on and is at an advance stage.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously.
(Rudra Prakash Mishra, J)
manish/-
U T
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