Patna High Court
Shivmuni YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail must be granted due to the undue delay in trial and insufficient examination of witnesses.
Summary
Shivmuni Yadav was arrested in connection with a case registered under Sections 8, 20(b)(ii)(B), 25, 27(A) and 29 of the NDPS Act, relating to the recovery of 2 kg of ganja from Sanjay Prajapati, who had already been granted bail. The petitioner was named in Prajapati's confession and has been in custody since 24‑04‑2023. At trial, only one of the seven charge‑sheeted witnesses had been examined, indicating a delay in the proceedings. The petitioner’s counsel argued that the prolonged custody and the paucity of evidence warranted bail. The Court, noting the delay and the limited evidentiary record, allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted in an NDPS case involving Sections 8, 20(b)(ii)(B), 25, 27(A) and 29 when the accused has been in custody for an extended period and only one witness has been examined.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 25, 27(A), 29, 8
Subjects
- bail
- NDPS Act
- delay in trial
- confession
- evidence
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83101 of 2025
Arising Out of PS. Case No.-192 Year-2023 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Shivmuni Yadav Son of Late Indrashan Yadav @ Indrashan Singh Resident of
Vill. - Dinara, P.S.- Natwar, Dist.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the State : Mr.Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Buxar(M) P.S. Case No. 192 of 2023 registered for the offence
punishable under Sections 8, 20(b)(ii)(B), 25, 27(A) and 29 of
the NDPS Act.
3. The recovery of 2 Kg. of ganja is from one Sanjay
Prajapati, who has been granted bail. The petitioner has been
named by Sanjay Prajapati in his confession.
4. The petitioner is in custody since 24.04.2023.
5. Learned counsel for the petitioner submits that in
the trial, out of seven charge-sheeted witnesses only one witness
has been examined.
6. Considering the period of custody and delay in
Patna High Court CR. MISC. No.83101 of 2025(3) dt.25-03-2026
2/2
trial, this application is allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
District & Additional Sessions Judge, 5th Buxar/ concerned
Court in connection with Buxar (M) P.S. Case No. 192 of 2023.
(Sandeep Kumar, J)
P. Kumar
U T
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