Patna High Court
Bhaskar Kumar Suman @ GoluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that continued detention serves no purpose and violates Article 21, thus granting bail to the petitioner.
Summary
The petitioner, Bhaskar Kumar Suman, was charged under Sections 111 and 317(2) of the Bihar Narcotic Substances Act and Sections 8(c) and 21(c) of the NDPS Act. An earlier bail application was rejected on the ground of recovery of contraband beyond commercial quantity. In the present application, the petitioner argued that no narcotics were recovered from his possession, three of four charge‑sheet witnesses had already testified, and he had been in custody since 17‑12‑2024 with no prospect of a speedy trial. The State opposed bail, citing the seriousness of the offences. The Court held that continued pre‑trial detention would be punitive and contrary to Article 21 of the Constitution, and therefore granted bail subject to monetary and conduct conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and prior denial of bail
- Whether continued pre‑trial detention violates the right to liberty under Article 21 of the Constitution
- Whether the absence of recovered contraband and the progress of the trial justify bail
Legislation cited
- Bihar Narcotic Substances Act — s. 111, 317(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 8(c)
Subjects
- bail
- pre‑trial detention
- Article 21
- NDPS Act
- criminal procedure
- contraband
- right to liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91471 of 2025
Arising Out of PS. Case No.-407 Year-2024 Thana- BAISI District- Purnia
======================================================
Bhaskar Kumar Suman @ Golu S/O Suman Kumar Choudhary Resident of
Village- Singhiya Makandpur, P.S.- Gopalpur, Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Shantanu Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
6 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The petitioner seeks bail in connection with Baisi
P.S. Case No. 407 of 2024, instituted for the offence under
Sections 111 and 317(2) of the BNS and Section 8(c) and 21(c)
of the NDPS Act.
3. Earlier vide order dated 18.03.2025 passed in Cr.
Misc. No. 15516 of 2025, regular bail of the petitioner was
rejected by this Court considering the recovery of contraband
beyond commercial quantity.
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 the name of the
petitioner has been disclosed by the apprehended co-accused
Patna High Court CR. MISC. No.91471 of 2025(6) dt.18-03-2026
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person. The charge has been framed against the petitioner. He
further submitted that out of four chargesheet witnesses, three
witnesses have been examined in this case. Nothing has been
recovered from the possession of the petitioner. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 17.12.2024. Learned counsel further submits that
there is no likelihood of the trial being concluded in the near
future.
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 Baisi P.S. Case
No. 407 of 2024, subject to the following conditions:
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(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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