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Patna High Court

Pranjal Kumar PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to bail as continued detention would be punitive and violative of Article 21.

Summary

Petitioner Pranjal Kumar Patel was arrested in connection with a case under Sections 21(c), 23(c) and 29 of the NDPS Act for alleged possession of contraband beyond commercial quantity. He has been in judicial custody since 9 April 2025 and his earlier bail application was rejected. The petitioner argued that his continued pre‑trial detention violates his fundamental right to liberty under Article 21 of the Constitution. The State opposed bail, contending the seriousness of the offences. The Court noted that no prosecution witness had yet been examined and the trial was expected to conclude within six months, rendering the detention punitive rather than custodial. Accordingly, the Court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions of regular appearance.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged possession of contraband beyond commercial quantity under the NDPS Act
  • Whether continued pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution

Legislation cited

Subjects

  • bail
  • NDPS Act
  • pre‑trial detention
  • Article 21
  • fundamental rights
  • contraband
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.9549 of 2026
                     Arising Out of PS. Case No.-35 Year-2025 Thana- Haraiya District- East Champaran
                 ======================================================
                 Pranjal Kumar Patel S/o Nandu Prasad Patel R/o Village- Ashram Road,
                 Raxaul, P.S- Raxaul, Dist- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Kant Singh, Advocate
                 For the Opposite Party/s :        Mr. Binod Kumar, APP
                 ======================================================
                 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

                   Haraiya P.S. Case No. 35 of 2025, instituted for the offences

                   under Sections 21(c), 23(c) and 29 of the NDPS Act.

                           3.       This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected by this Court vide order dated

                   10.09.2025 passed in Cr. Misc. No. 39967 of 2025 taking into

                   consideration the recovery of contraband beyond commercial

                   quantity.

                           4.       In compliance of the order dated 06.02.2026, a

                   report dated 20.02.2026 with regard to the present stage of trial
Patna High Court CR. MISC. No.9549 of 2026(3) dt.11-03-2026
                                            2/3




          has been received. From perusal of the aforesaid report, it

          appears that charge has been framed against the petitioner on

          12.02.2026 and out of five prosecution witnesses, no any

          witness has been examined in this case. It is further reported that

          the trial is likely to be concluded within a period of six months.

                  5.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 09.04.2025

          without any rhymes or reason and has got no criminal

          antecedent. Learned counsel for the petitioner next submits 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

          reiterated by Hon’ble Apex Court in plethora of Judgments.

                  6.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                  7.     Considering the aforesaid facts and circumstances of

          the case, the period of custody undergone by 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.
             Patna High Court CR. MISC. No.9549 of 2026(3) dt.11-03-2026
                                                         3/3




                                8.     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 Haraiya P.S. Case

                       No. 35 of 2025, 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)
Rajorshi/-

U       T


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