Patna High Court
Brajesh Kumar @ Brijesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition was dismissed, with the trial directed to be expedited within four months.
Summary
Brajesh Kumar was arrested in connection with an excise case in Nawada and charged under Sections 8, 20(b)(ii) and 20(c) of the NDPS Act. He applied for regular bail, but the Patna High Court had earlier rejected his bail on the ground that the quantity of contraband exceeded the commercial threshold. A subsequent report showed that the trial had progressed only to framing of charges on 2 September 2025, with five charge‑sheeted witnesses yet to be examined, while the petitioner had been in judicial custody since 9 September 2024. The petitioner argued that he was being detained without reason, but the State opposed bail and the court found no fresh ground to revisit the earlier decision. Consequently, the court again denied bail, directing the lower court to complete the trial within four months and permitting the petitioner to renew his bail application if the trial is not concluded within that period.
Issues considered
- Whether bail can be granted when the contraband seized exceeds the commercial quantity under the NDPS Act.
- Whether any fresh ground exists to reconsider the earlier denial of bail.
- Whether the delay in trial proceedings justifies the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii), 20(c), 8
Subjects
- NDPS Act
- bail
- commercial quantity
- trial delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83460 of 2025
Arising Out of PS. Case No.-619 Year-2024 Thana- Excise P.S. District- Nawada
======================================================
Brajesh Kumar @ Brijesh Kumar S/o Parma Sahni R/o Village - Khothwan,
Ward No. 12, P.s - Dhanha, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aakash Choudhary, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
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
Nawada Excise P.S. Case No. 619 of 2024 instituted for the
offence under Sections 8, 20(b)(ii) and 20(c) of the NDPS Act.
3. Earlier vide order dated 27.03.2025, passed in Cr.
Misc. No. 18223 of 2025, regular bail of the petitioner was
rejected by this Court considering the recovery of the
contraband beyond the commercial quantity as per the NDPS
Act.
4. In compliance of the order dated 28.11.2025 a report
dated 08.12.2025 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
Patna High Court CR. MISC. No.83460 of 2025(3) dt.09-01-2026
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that there are total five charge-sheeted witnesses and the charges
have been framed on 02.09.2025 but none of the witnesses has
been examined.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 09.09.2024
without any rhymes or reason.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no fresh ground to consider the bail petition
of the petitioner.
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
preferably within a period of four months from today. If the trial
is not concluded within the period of four months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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