Patna High Court
Monu Kumar Singh @ Monu SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, ordering his release on a bond with sureties.
Summary
Monu Kumar Singh was arrested in connection with a case involving 2.7 kg of charas and a loaded pistol, charged under IPC s.414, several provisions of the Arms Act and the NDPS Act. He has been in judicial custody since 21 March 2024, and no charge has yet been framed. The petitioner sought regular bail after an earlier application was rejected, invoking the principle that prolonged pre‑trial detention violates Article 21. The court referred to the Supreme Court’s decision in Rabi Prakash v. State of Odisha, which held that such incarceration outweighs the statutory restriction under NDPS §37(1)(b). After hearing both sides, the court granted bail, directing release on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the NDPS statutory restriction.
- Whether prolonged pre‑trial detention infringes the fundamental right to liberty under Article 21, thereby overriding NDPS §37(1)(b).
- Whether bail can be granted when the trial has not commenced and charges are not yet framed.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 414
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii), 21(b), 37(1)(b), 8
Subjects
- bail
- pre‑trial detention
- Article 21
- NDPS Act
- Arms Act
- IPC
- fundamental rights
- prolonged incarceration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81989 of 2025
Arising Out of PS. Case No.-94 Year-2024 Thana- MAJORGANJ District- Sitamarhi
======================================================
Monu Kumar Singh @ Monu Singh S/o Shankar Singh Resident of Village-
Basant Khurd, P.S.- Suppi, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 414 of IPC,
Section 25(1-b)a, 26 and 35 of the Arms Act and Sections
8/20(b)(ii)/21(b) of NDPS Act.
3. The case of the prosecution is that altogether 2 kg
and 700 grams of charas like intoxicating substance along with
one loaded country made pistol was recovered from the
possession of this petitioner.
4. Learned counsel for the petitioner has submitted
that earlier his prayer for regular bail was rejected by this Court
vide order dated 19.03.2025 passed in Cr. Misc. No. 16141 of
2025 with a liberty that the petitioner may renew his prayer for
Patna High Court CR. MISC. No.81989 of 2025(3) dt.16-01-2026
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bail after six months if so advised.
5. The stage of trial has been called for from the
learned trial court and from perusal of the report of the learned
trial court, it is clear that till today, charge has not been framed
and the petitioner is languishing in judicial custody since
21.03.2024.
6. In the case of Rabi Prakash vs. the State of
Odisha, Hon'ble Supreme Court has held that the prolonged
incarceration generally militate against the most precious
fundamental right guaranteed under Article 21 of the
constitution of India and in such situation, the conditional
liberty must override the statutory embargo created under
Section 37 sub-clause 1(b) of the NDPS Act.
7. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer of bail to the petitioner.
8. Having heard learned counsel for the parties and
considering the facts and circumstances of the case and the fact
that the trial has still not begun, I am incline to enlarge the
petitioner on bail. The above named petitioner is directed to be
released on bail in connection with Majorganj P.S. Case No. 94
of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
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3/3
learned Sessions Judge, Sitamarhi.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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