Patna High Court
Chintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition was denied as there was no fresh ground to reconsider the earlier refusal.
Summary
The petitioner, Chintu Kumar, applied for bail in a case registered as Bathnaha P.S. Case No. 333 of 2023 for offences under Sections 8, 20(ii)(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The High Court had previously rejected regular bail on two occasions, dated 08.05.2024 and 04.07.2025. A report indicated that the charge was framed on 17.01.2026, prosecution evidence is underway, and the trial is expected to take twelve months. The petitioner’s counsel argued that he has been in judicial custody since 08.08.2023 without justification, while the State opposed bail. The Court found no fresh ground to revisit the bail issue and consequently rejected the bail petition, directing the lower court to expedite the trial.
Issues considered
- Whether bail can be granted to the petitioner under the NDPS Act in the absence of any fresh ground or change in circumstances.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(ii)(c), 22(c), 8
Subjects
- bail
- NDPS Act
- judicial custody
- trial delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89887 of 2025
Arising Out of PS. Case No.-333 Year-2023 Thana- BATHNAHA District- Sitamarhi
======================================================
Chintu Kumar Son of Ashok Mahto Resident of Village - Mahuawa, Ward
No.- 12, P.S.- Pipra, District - Motihari (East Champaran), Bihar - 845416.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mohd Rustam Hussain, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Bathnaha
P.S. Case No. 333 of 2023 instituted for the offences under
Sections8/20(ii)(c), 22(c) of the N.D.P.S. Act.
3. Earlier, on two occasions, vide order dated 08.05.2024
passed in Cr. Misc. No. 83412 of 2023 and order dated
04.07.2025 passed in Criminal Miscellaneous No. 23351 of
2025, regular bail of the petitioner was rejected by this Court.
4. In compliance of the order dated 16.01.2026, a report
dated 22.01.2026 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
that Charge has been framed on 17.01.2026, the record is
running for prosecution evidence, summons have been issued
Patna High Court CR. MISC. No.89887 of 2025(3) dt.11-03-2026
2/2
against the seven witnesses. It is further reported that expected
period for the completion of the trial is twelve months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 08.08.2023
without any rhymes or reason.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no fresh ground to consider the bail petition
of the petitioner.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously.
(Rudra Prakash Mishra, J)
manish/-
U T
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