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Patna High Court

Shiv kumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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