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Patna High Court

Shivmuni YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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