Patna High Court
Kasim AlamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted given the seriousness of the NDPS offences and the circumstances of the case.
Summary
Kasim Alam was arrested in connection with a case registered under Sections 8, 20(b)(ii)(c), 23(c) and 29 of the NDPS Act after 5 kg of charas was recovered from his motorcycle. He has been in custody since 28‑12‑2023 and has previously had two bail applications rejected. The petitioner sought regular bail for the third time, arguing that the trial had proceeded with only five of eight witnesses examined. The court examined the seriousness of the offences, the large quantity of narcotics involved, and the risk of tampering with evidence, and concluded that bail could not be granted. The Special Judge was directed to expedite the trial, and the Superintendent of Police was instructed to ensure witness attendance. The petitioner was told he could renew his bail prayer if the prosecution continues to delay the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for the offences alleged
- Whether the quantity of narcotics and the nature of the offences justify denial of bail
- Whether the delay in trial warrants granting bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 23(c), 29, 8
Subjects
- bail
- NDPS Act
- charas
- regular bail
- trial delay
- West Champaran
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85790 of 2025
Arising Out of PS. Case No.-830 Year-2023 Thana- MUFFASIL District- West Champaran
======================================================
Kasim Alam Son of Kaimuddin Miyan Resident of Village - Mehidya Bari,
P.S.- Manuapul O.P., Block Bettiah, West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 27-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 3rd attempt of the petitioner seeking bail
in connection with Bettiah Muffasil P.S. Case No. 830 of 2023
registered for the offence under Sections 08, 20(B)(ii)(c), 23(c)
and 29 of the NDPS Act.
3. Earlier the bail applications of the petitioner was
rejected on two occasions. First in Cr. Misc. No. 61126 of 2024
dated 05.09.2024 and second in Cr. Misc. No. 11530 of 2025
dated 13.05.2025.
4. As per the prosecution case, 5 kg of charas was
recovered from the motorcycle being driven by the petitioner.
5. It is submitted that in the trial out of eight
Patna High Court CR. MISC. No.85790 of 2025(5) dt.27-04-2026
2/2
witnesses, five witnesses have been examined. The petitioner is
in custody since 28.12.2023.
6. Considering the aforesaid facts and circumstances
of the case, the nature of allegation and the materials available
on record, I am not inclined to grant regular bail to the
petitioner.
7. Accordingly, this application for regular bail stands
rejected. The learned Special Judge is directed to conclude the
trial at the earliest since the petitioner is in custody since
28.12.2023.
8. The Superintendent of Police, West Champaran,
Bettiah, is directed to ensure the attendance of the witnesses
during the trial on the dates fixed by the Court.
9. If the trial is still delayed by the prosecution, the
petitioner may renew his prayer for bail.
10. Let a copy of this order be communicated to the
Superintendent of Police, West Champaran, Bettiah, through
FAX or e-mail for immediate compliance.
(Sandeep Kumar, J)
Shishir/-
U T
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