Patna High Court – Orders
Bharat Mali vs The Union Of India Through Zonal … on 27 August, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14514 of 2025
Arising Out of PS. Case No.-30 Year-2021 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Aurangabad
======================================================
Om Prakash Sharma Son of Sri Badri Sharma Resident of Village -
Manjhwan, P.S. - Simri, District - Buxar (Bihar)
... ... Petitioner/s
Versus
1. The Union of India through Zonal Director, Narcotic Control Bureau, Bihar,
Patna Bihar
2. The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 16841 of 2025
Arising Out of PS. Case No.-30 Year-2021 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Aurangabad
======================================================
BHARAT MALI S/O LATE BHAGWAN MALI R/O MOHALLA-
BUDHAN PURWA, WARD NO.-16, P.S.- BUXAR, DISTRICT- BUXAR
... ... Petitioner/s
Versus
1. THE UNION OF INDIA THROUGH ZONAL DIRECTOR, NARCOTIV
CONTROL BUREAU, BIHAR PATNA
2. THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 14514 of 2025)
For the Petitioner/s : Mr. Nandlal Kumar Singh, Adv
For the Opposite Party/s : Dr. Krishna Nandan Singh, (A.S.G.)
For the NCB : Mr. Radhika Raman, Sr. CGC
: Mr. Ram Tujabh Singh, CGC
(In CRIMINAL MISCELLANEOUS No. 16841 of 2025)
For the Petitioner/s : Mr. Nandlal Kumar Singh, Adv
For the Opposite Party/s : Dr. K.N. Singh, (A.S.G.)
For the NCB : Mr. Awadhesh Kr. Singh, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 27-08-2025
CRIMINAL MISCELLANEOUS No.14514 of 2025
Patna High Court CR. MISC. No.14514 of 2025(7) dt.27-08-2025
2/5
Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with NCB
Case No. 30 of 2021 registered for the offences under
Sections 8C, 20(b) (ii) (c), 25 and 29 of the NDPS Act.
3. The petitioner is named in the F.I.R. and is in
custody since 04.12.2021.
4. The allegation against the petitioner is alleged to
be involved in the possession of 375 kilograms of contraband
i.e., ganja where petitioner is the helper of the truck from the
cabin of which alleged contraband was found and seized.
5. Learned counsel appearing on behalf of the
petitioner submitted that despite the custody period as
petitioner remains in custody since 04.12.2021 i.e., more
than three and half years, only five prosecution witnesses
were examined by the learned Trial Court, where still two
witnesses are left to be examined. It is submitted that speedy
trial is the fundamental right of the petitioner and in want of
trial petitioner cannot be kept behind bars for indefinite period
of time. In support of his submission learned counsel relied
Patna High Court CR. MISC. No.14514 of 2025(7) dt.27-08-2025
3/5
upon the legal report of Hon’ble Supreme Court as available
through Hussainara Khatoon & Ors Vs. Home Secretary,
State of Bihar, [1980 (1) SCC 98]. It is also submitted
that though rigors of Section 37 is available against petitioner
in view of recovered quantity, which is more than commercial
quantity of contraband, but same cannot override the
fundamental right as available under Article 21 of the
Constitution of India qua speedy trial. While concluding the
argument it is submitted that petitioner is a man of clean
antecedent.
6. Learned counsel appearing on behalf of the NCB,
while opposing the prayer for bail submitted that out of 7
prosecution witnesses 5 witnesses have already been
examined, but could not dispute the custody period as
submitted aforesaid. It is fairly conceded that matter is
pending for examination of prosecution witnesses and these
five witnesses were examined in last three and half years.
7. In view of aforesaid factual submission and by
taking note of custody period as petitioner remains in custody
since 04.12.2021 i.e., more three and half years, where
Patna High Court CR. MISC. No.14514 of 2025(7) dt.27-08-2025
4/5
matter is still pending for examination of prosecution
witnesses and as such trial of this case is not likely to
conclude in the near future, accordingly above named
petitioner, is directed to be released on bail in connection with
NCB P.S. Case No. 30 of 2021 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Special Judge,
(NDPS) cum 1st Additional District and Sessions Judge,
Aurangabad/concerned court, subject to the conditions as
mentioned under Section 480(3) of the B.N.S.S. with further
conditions:-
(i) If petitioner made any
deliberate attempt to delay trial,
State/informant shall be at liberty to
press petition before the learned Trial
Court for cancellation of bail bold of
petitioner by learned Trial Court, itself,
which shall be decided by learned Trial
Court, in accordance with law after
giving fair opportunity to petitioner.
(ii) 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
Patna High Court CR. MISC. No.14514 of 2025(7) dt.27-08-2025
5/5documents.
CRIMINAL MISCELLANEOUS No. 16841 of 2025
Considering the submission list this case
under the caption of Admission on 04.09.2025.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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