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Patna High Court

Aman Kumar @ MakluversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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