Patna High Court

Swraj Kumar @ Suraj Kumar @ Suraj Vishwas @ Suraj Bishwas @ Suraj Kumar VishwasversusThe State of Bihar

Decided: 18 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court rejected the bail application, finding no ground to review its earlier order denying bail.

Summary

The petitioner, Swraj Kumar, was charged under Sections 8(C) and 21(b) of the NDPS Act in Madhubani P.S. Case No. 140 of 2024. He filed a second bail application after an earlier bail request was denied on 14 May 2025. The trial had examined four of five witnesses. The Patna High Court, after hearing counsel, found no ground to revisit its earlier decision. Consequently, the court rejected the regular bail application, upholding the prior order.

Issues considered

Whether bail should be granted to the accused under Sections 8(C) and 21(b) of the NDPS Act.
Whether the earlier order denying bail can be reviewed on a second application.

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(C)

Subjects

bail
NDPS Act
criminal procedure
high court
review of order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86838 of 2025
                      Arising Out of PS. Case No.-140 Year-2024 Thana- Madhubani T District- Purnia
                 ======================================================
                 Swraj Kumar @ Suraj Kumar @ Suraj Vishwas @ Suraj Bishwas @ Suraj
                 Kumar Vishwas S/O Binod Bishwas @ Binod Kumar Bishwas Resident of -
                 Vidyapati Nagar, Ward no.- 17, P.S- Madhubani, District - Purnea

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Md Fazle Karim
                 For the Opposite Party/s :        Mr.Mohammed Arif
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   18-03-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Madhubani P.S. Case No. 140 of 2024

                   registered for the offence under Sections 8(C) and 21(b) of the

                   NDPS Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 14.05.2025 in Cr. Misc. No. 19768 of 2025.

                                4. Now in the trial, out of five witnesses, four

                   witnesses have been examined.

                                5. Considering the aforesaid facts and circumstances,

                   this Court finds no ground to review its earlier order.
            Patna High Court CR. MISC. No.86838 of 2025(3) dt.18-03-2026
                                                        2/2




                      Accordingly, this application for regular bail stands rejected.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T

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