Patna High Court
Basant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to bond and conditions, finding that continued detention would be punitive and contrary to Article 21.
Summary
The petitioner, Basant Kumar, sought regular bail in a case under Sections 8, 20(b)(ii)(c) and 29 of the NDPS Act, having been in custody since 7 November 2024. The High Court had earlier rejected bail, noting the recovery of contraband beyond commercial quantity and directing speedy trial. On the second bail application, counsel argued that only three witnesses had been examined and the trial was far from conclusion, contending that continued pre‑trial detention violated Article 21. The State opposed the bail. Considering the prolonged custody, lack of progress in trial, and the principle that pre‑trial detention should not be punitive, the Court granted bail subject to a bond of Rs. 15,000 with two sureties and conditions regarding family surety and appearance in court.
Issues considered
- Whether bail should be granted in an NDPS case where contraband exceeding commercial quantity has been recovered
- Whether continued pre‑trial detention violates the right to life and liberty under Article 21
- Whether the stage of trial (few witnesses examined) warrants bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 29, 8
Subjects
- bail
- NDPS Act
- pre‑trial detention
- Article 21
- fundamental rights
- contraband
- commercial quantity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88276 of 2025
Arising Out of PS. Case No.-237 Year-2024 Thana- DHANAHA District- West Champaran
======================================================
Basant Kumar S/o- Kanhaiya Sah Village - Redaha, P.S.- Bhitaha, District
-Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar, Advocate
For the Opposite Party/s : Mr.Shyameshwar Dayal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Dhanaha P.S. Case No. 237 of 2024, instituted for the offences
under Sections 8, 20(b)(ii)(c) and 29 of the NDPS Act.
3. Earlier vide order dated 21.03.2025 passed in
Criminal Miscellaneous No. 16255 of 2025, regular bail of the
petitioner was rejected by this Court considering the recovery of
contraband beyond commercial quantity, with a direction to the
learned trial Court to expedite the trial.
4. Learned counsel for the petitioner submits that the
present one is the second attempt for grant of regular bail to the
petitioner. It is mainly submitted that Charge in this case is
framed and till date, only three witnesses have been examined.
Patna High Court CR. MISC. No.88276 of 2025(2) dt.09-01-2026
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It has been submitted on behalf of the petitioner that the
petitioner is in custody since 07.11.2024. Learned counsel
further submits that there is no likelihood of the trial being
concluded in the near future. Learned counsel goes on to submit
that the continued incarceration of the petitioner without
conclusion of trial amounts to a gross violation of the
fundamental right guaranteed under Article 21 of the
Constitution of India, which is reiterated by Hon’ble Apex Court
in plethora of Judgments.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and taking into
account the fact that continued detention of the petitioner would
serve no purpose other than punitive pretrial incarceration,
which is antithetical to the spirit of Article 21 of the
Constitution of India, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dhanaha P.S. Case
Patna High Court CR. MISC. No.88276 of 2025(2) dt.09-01-2026
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No. 237 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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