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Patna High Court

Dilip Kumar @ Dilip Sah @ Dilip Saw @ Dileep Kumar @ Dileep SahversusUnion of India through Narcotics Control Bureau, Patna.

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a bond and specified conditions.

Summary

Dilip Kumar was arrested under Sections 8, 20, 25, 27A and 29 of the NDPS Act in 2017. An earlier bail order granted by the Patna High Court was set aside by the Supreme Court, which required his surrender before the trial court before a fresh bail application could be considered. After surrendering, his subsequent bail petition was rejected, and the trial has progressed very slowly, with no prosecution witness fully examined even after two years and four months of custody. The petitioner argued that continued detention violates his constitutional right to a speedy trial under Article 21, relying on the Supreme Court’s observations in Pradeep Kumar @ Banu v. State of Punjab and the precedent of Hussainara Khatoon v. State of Bihar. The NCB counsel acknowledged the delay but could not dispute the facts. The Patna High Court, noting the lack of trial progress and the petitioner’s prolonged incarceration, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Cr.P.C. Section 437(3), BNSS Section 480(3), and additional safeguards. The order emphasizes the petitioner’s duty to cooperate with the trial and restrictions on leaving Bihar without court permission.

Issues considered

  • Whether the petitioner is entitled to bail despite the Supreme Court’s earlier cancellation of his bail order.
  • Whether the prolonged pre‑trial detention violates the petitioner’s right to a speedy trial under Article 21 of the Constitution.
  • Whether the conditions imposed under Cr.P.C. 437(3) and BNSS 480(3) are sufficient to justify granting bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • speedy trial
  • Article 21
  • pre‑trial detention
  • Supreme Court precedent
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90855 of 2025
                   Arising Out of PS. Case No.-1 Year-2017 Thana- N.C.B (GOVERNMENT OFFICIAL)
                                                      District- Patna
                 ======================================================
                 Dilip Kumar @ Dilip Sah @ Dilip Saw @ Dileep Kumar @ Dileep Sah S/o
                 Hari Sharan Chaudhary R/o Village- Maujipur (Mouzipur), P.S- Nadi, Fatuha
                 (Fatwah), Dist- Patna.
                                                                                ... ... Petitioner
                                                   Versus
                 Union of India through Narcotics Control Bureau, Patna. Bihar
                                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. P.N. Shahi, Sr. Advocate
                                                 Mr.Prasoon Shekhar, Advocate
                                                 Mr.Ankit Kumar, Advocate
                                                 Mr. Ashok Kumar Srivastava, Advocate
                 For the Opposite Party :        Mr.Awadhesh Kr. Pandey, Sr. CGC
                                                 Mr.Arvind Kumar, CGC
                                                 Mr.Avinash Kumar, Advocate
                                                 Mr.Lokesh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   24-04-2026                  Heard Mr. P.N. Shahi, learned senior counsel

                   appearing on behalf of the petitioner and Mr. Awadhesh Kumar

                   Pandey, learned Advocate appearing on behalf of the Union of

                   India.

                                2. The accused/petitioner seeks bail in connection with

                   NCB Patna Case No. NCB/PZU/V/01/2017 (Special (NDPS)

                   No. 10(A) of 2017) registered for the offences under Sections 8,

                   20, 25, 27A and 29 of the Narcotic Drugs and Psychotropic

                   Substances Act, 1985.

                                3. This is the second prayer of bail after cancellation of

                   bail of petitioner by Hon’ble Supreme Court through SLP
Patna High Court CR. MISC. No.90855 of 2025(4) dt.24-04-2026
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          (Criminal) No. 1368 of 2019 dated 29th November, 2021,

          wherein order of one of the learned coordinate Bench granting

          regular bail to the petitioner through Cr. Misc. No. 55092 of

          2017 dated 03.01.2018 was set-aside for the reason that the

          order passed by this Court was cryptic.

                      4. It is submitted by Mr. P.N. Shahi, learned senior

          counsel appearing for the petitioner that while canceling the

          aforesaid bail order, the Hon’ble Supreme Court observed that

          bail application of petitioner shall be considered only when the

          respondent surrendered before the trial court.

                      5. It is submitted that after surrendering the petitioner,

          the bail petition was preferred by him which was rejected by

          this Court through Cr. Misc. No. 21431 of 2025 dated

          08.09.2025, wherein it was directed to learned trial court to take

          all appropriate steps to conclude the trial in accordance with law

          at its earlier.

                      6. In the aforesaid background, the present secondary

          bail petition, in actual third, was preferred solely on the ground

          of slow progress of trial and custody period of the petitioner.

                      7. It is further submitted by Mr. Shahi that petitioner

          remains in custody for about two years and four months, despite

          not even first prosecution witness was examined completely.
Patna High Court CR. MISC. No.90855 of 2025(4) dt.24-04-2026
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          The aforesaid submission was also confirmed by learned trial

          court vide its report dated 26th March, 2026.

                      8. Mr. Shahi cited the legal report of Hon’ble Supreme

          Court as available through Pradeep Kumar @ Banu Vs. State

          of Punjab (passed in Criminal Appeal No. 1341 of 2026

          (Arising out of SLP (Cri.) No. 18775/2025) reported in 2026

          Live Law (SC) 302.

                      9. It is also submitted by Mr. Shahi that the petitioner

          cannot be kept behind the bar for any indefinite period in want

          of trial as same is amounting to violation of his fundamental

          right qua speedy trial as available under Article 21 of the

          Constitution of India and further reliance was made on

          Hussainara Khatoon & Ors Vs. Home Secretary State of

          Bihar reported in 1980 (1) SCC 98.

                      10. Learned counsel for the NCB is present and could

          not disputed the custody period and non-progress of trial.

                      11. In view of the aforesaid submission, as there is

          almost no progress in trial as not even a single witness was

          examined completely, despite of the fact that petitioner remains

          in custody for about two years and four months which is

          amounting to depriving his fundamental right qua speedy trial,

          therefore, taking note of Pradeep Kumar @ Banu’s case
Patna High Court CR. MISC. No.90855 of 2025(4) dt.24-04-2026
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          (supra) and Hussainara Khatoon’s case (supra), above-named

          petitioner is directed to be released on bail, furnishing bail bond

          of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties

          of the like amount each to the satisfaction of learned Exclusive

          Special Court (N.D.P.S.) No. 1, Patna/concerned court, in

          connection with NCB Patna Case No. NCB/PZU/V/01/2017

          (Special (NDPS) No. 10(A) of 2017), subject to the condition as

          laid down under Section 437(3) Cr.P.C/Section 480(3) of the

          Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”) and

          further condition:

                          (i) That accused/Petitioner shall cooperate in the

                          trial and shall be physically present on each and

                          every date before the Trial Court till conclusion of

                          the trial and exemption from physical appearance

                          be allowed by the Trial Court, only on medical

                          ground of the petitioner duly supported by the

                          documents.

                          (ii) That petitioner shall not leave the territory of

                          Bihar, till conclusion of trial, without permission of

                          learned trial court.

                          (iii) Needless to observe, the petitioner shall not,

                          directly or indirectly, by making inducement, threat
           Patna High Court CR. MISC. No.90855 of 2025(4) dt.24-04-2026
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                                     or promise, dissuade any person acquainted with

                                     the facts of the case from disclosing such facts to

                                     the court.


                                                                  (Chandra Shekhar Jha, J.)
Rajeev/-

U      T


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