Patna High Court
Aman Kumar @ MakluversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was not granted, with the petitioner allowed to renew the application after three months if the trial is not concluded.
Summary
Aman Kumar was arrested for possession of 356 grams of brown sugar, alleged to be contraband under the NDPS Act. He filed a bail petition in the Patna High Court, arguing that the seizure list did not clearly indicate the amount of contraband recovered with the plastic packet. The prosecution contended that the seized quantity was sufficient to sustain the charges under Sections 8(c), 21(c), 25 and 29 of the NDPS Act. The trial court report showed that five of six witnesses had already been examined and the trial was at its final stage. The bench, after hearing both sides, declined to grant bail at this stage, directing the petitioner to reapply after three months if the trial remains pending and ordering the trial court to conclude the trial within that period.
Issues considered
- Whether bail should be granted to the accused at the stage when the trial is near completion in an NDPS case involving possession of contraband.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 21(c), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- possession
- contraband
- trial stage
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85458 of 2025
Arising Out of PS. Case No.-766 Year-2024 Thana- PURNEA SADAR District- Purnia
======================================================
Aman Kumar @ Maklu son of Mahadev Choudhari Resident Of Village- Sani
Mandir, Aena Mahal, Ward No. 37, Ps- Sadar, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nishant Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Special (NDPS) Case No.63 of 2025, CIS No.63 of 2025,
arising out of Sadar P.S. Case No.766 of 2024 registered for the
offence punishable under Sections 8(c), 21(c), 25 & 29 of the
NDPS Act.
3. The case of the prosecution, in short, is that
altogether 356 gm of brown sugar were kept in plastic packet
and the same was recovered from the possession of this
petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that as per the seizure list, the weight of
the contraband is with plastic. It is not clear from the seizure list
Patna High Court CR. MISC. No.85458 of 2025(3) dt.25-03-2026
2/2
as to what was the amount of the contraband which was
recovered with the plastic. Learned counsel for the petitioner
has further submitted that earlier the bail petition of the
petitioner was rejected by the learned Co-ordinate Bench of this
Court vide Cr. Misc. No. 36383 of 2025.
5. A report from the learned trial court has been called
for regarding the stage of trial and from perusal of the same
dated 09.03.2026 it is clear that out of six witnesses five
witnesses have been examined and the trial is at its fag end.
6. The application for bail is opposed by learned APP
for the State.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, I am not
inclined to grant bail to the petitioner at this stage, however, the
petitioner may renew his prayer for bail after three months if the
trial is not concluded. Learned trial court is directed to
conclude the trial within the said period.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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