Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The bail petition was dismissed as no new facts were brought forward to merit a fresh consideration.
Summary
Chandan Kumar was charged under Section 21C of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody for about eleven months and earlier filed a bail petition that was rejected on merit. He filed a second regular bail petition, arguing that the trial would not conclude soon. The State opposed the bail, and the court observed that no new facts or changed circumstances were presented to justify a fresh consideration of bail. Consequently, the court dismissed the second bail petition, holding that the absence of new material facts precludes granting bail.
Issues considered
- What is the appropriate basis for granting regular bail to an accused under Section 21C of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise Act when no new facts are presented?
Subjects
- bail
- NDPS Act
- Bihar Prohibition and Excise Act
- regular bail
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8529 of 2026
Arising Out of PS. Case No.-121 Year-2024 Thana- GAMAHARIYA District- Madhepura
======================================================
Chandan Kumar, S/o Abhinandan Kumar R/o vill - Parmanandpur, ward no.
17, P.S.- Parmanandpur, Distt.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Gamharia P.S. Case No. 121 of 2024, N.D.P.S. Case No. 81 of
2025, for the offences registered under Section 21C of N.D.P.S.
Act and Section 30(a) of the Bihar Prohibition and Excise Act.
3. This is the second bail petition filed on behalf of
the petitioner. Earlier, this Court had rejected the bail petition of
the petitioner on merit, vide order dated 11.09.2025 passed in
Cr. Misc. No. 38152 of 2025.
4. Learned counsel for the petitioner submits that
petitioner has remained in custody for about eleven months and
it appears that the trial will not be concluded in near future.
5. Learned counsel appearing on behalf of the State
Patna High Court CR. MISC. No.8529 of 2026(2) dt.06-02-2026
2/2
opposes the prayer for grant of bail to the petitioner.
6. Having heard the learned counsels for the parties
and considering the facts and circumstances of the case, no new
facts has come for consideration of the bail of the petitioner.
Accordingly, the present bail petition of the petitioner is
dismissed.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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