Sunny Kumar Vs The Union of India through Ncb Zonal Unit, Patna — Narcotics (NDPS) | Patna HC (2025)

Sunny Kumar Vs The Union of India through Ncb Zonal Unit, Patna — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Spl. Judge, NDPS-I, Patna, in connection with Spl. Case No. 53 of 2021 arising out of F. No. NCB/PZU/V/12/2021, on conditions that (i) he makes himself available for interrogation by police officer/court as and when required; (ii) investigation/trial is not hampered by his absence or non-cooperation; (iii) he makes no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure; and (iv) if it is brought to the notice of the court below that the statement regarding the previous bail petition is wrong, the court below shall cancel his bail bonds.

Issue for consideration

Whether the petitioner, charged under Sections 8(c) read with 21(C)/25 and 29 of the NDPS Act in Spl. Case No. 53 of 2021 (F.No. NCB/PZU/V/12/2021), whose trial remains unconcluded well beyond the nine-month stipulation fixed when his first bail petition (Cr. Misc. No. 28504 of 2024) was rejected on 17.05.2024, and who has been in custody since 4.6.2021 (more than four years), should now be enlarged on regular bail.

Court's answer

Considering the observation of the earlier order and the period of custody, the Court allowed the second bail application and directed that the petitioner be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Spl. Judge, NDPS-I, Patna, in connection with Spl. Case No. 53 of 2021 arising out of F. No. NCB/PZU/V/12/2021, subject to the stated conditions (availability for interrogation; investigation/trial not hampered; no inducement, threat or promise; bail bonds cancellable if the statement regarding the previous bail petition is found wrong).

Ratio / Principle

Basis of the grant as stated by the Court: per the report from the learned court below the trial is still not concluded and about 14 months have passed since the last order dated 17.5.2025 (as printed), and the petitioner has been in custody since 4.6.2021, i.e. for more than four years.

Detailed headnote1 paragraphs

NDPS bail — second regular-bail application (Cr. Misc. No. 40601 of 2025, arising out of Cr. Misc. No. 28504 of 2024) under Sections 8(c) read with 21(C)/25 and 29 of the NDPS Act for Spl. Case No. 53 of 2021 (F.No. NCB/PZU/V/12/2021; NCB case, District Patna). The first bail petition had been rejected on 17.05.2024 with a stipulation that bail could be renewed if the trial was not concluded within nine months. Per the report from the court below the trial remained unconcluded and the petitioner had been in custody since 4.6.2021 (more than four years). Jitendra Kumar, J (Patna High Court, order dated 11-07-2025) allowed the application and enlarged the petitioner on bail bonds of Rs.10,000/- with two like sureties to the satisfaction of the Exclusive Spl. Judge, NDPS-I, Patna, subject to conditions including availability for interrogation and cancellation of bail bonds if the statement regarding the previous petition proved wrong.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40601 of 2025

In

CRIMINAL MISCELLANEOUS No.28504 of 2024

Arising Out of PS. Case No.-12 Year-2021 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Patna

======================================================

Sunny Kumar S/o- Sudheshwar Prasad @ Sidheshwar Prasad, r/o villagePostal Park, Buddha Nagar Gali, I.A Near Warm Place Market P.S. Kankarbagh, Dist- Patna

... ... Petitioner/s

Versus

The Union of India through NCB Zonal Unit, Patna Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate. For the U.O.I. : Mr. Bindhyachal Rai, St. panel counsel. Ms. Shail Kumari, CGC ======================================================

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

3 11-07-2025

Heard learned counsel for the petitioner and learned

counsel for the Union of India.

The petitioner seeks bail in connection with Special Case No. 53 of 2021 arising out of F.No. NCB/PZU/V/12/2021 dated 4.6.2021 for the offences punishable under Sections 8(c) read with Section 21(C)/25 and 29 of the NDPS Act.

This is second bail petition filed on behalf of the petitioner. Similar bail petition bearing Cr. Misc. No. 28504 of 2024 was previously rejected by this Court vide order dated 17.05.2024. However, the learned Trial Court was directed to expedite the trial and it was stipulated that in case the trial is not

Patna High Court CR. MISC. No.40601 of 2025(3) dt.11-07-2025 2/3

concluded within nine months, the petitioner would be at liberty to renew his prayer for bail.

As per report received from learned court below, the trial is still not concluded and about 14 months have passed since the last order dated 17.5.2025. The petitioner is in custody since 4.6.2021 i.e. for more than four years.

Learned counsel for the petitioner submits that in the light of the observation of this Court vide order dated 17.05.2024 passed in Cr. Misc. 28504 of 2024 and seeing the custody of the petitioner for more than four years, the petitioner may be enlarged on regular bail.

However, Mr. Bindhayachal Rai, learned standing panel counsel along with Ms. Shail Kumari, learned CGC vehemently oppose the prayer of the petitioner for bail submitting that the alleged offence is serious in nature.

However, considering the observation and period of custody, this application is allowed, directing the petitioner, above-named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Spl. Judge, NDPS-I, Patna, in connection with Spl. Case No. 53 of 2021 arising out of F. No. NCB/PZU/V/12/2021

Patna High Court CR. MISC. No.40601 of 2025(3) dt.11-07-2025 3/3

on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.

(ii) The petitioner will undertake that investigation/trial will not get hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

(Jitendra Kumar, J)

S.Ali/-

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