Raja Kumar @ Raj Kumar @ Raja Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

Raja Kumar @ Raj Kumar @ Raja Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in Pirbahor P.S. Case No. 390 of 2009 (Spl. Case No. 62 of 2009) on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, N.D.P.S. Act-1st, Patna, subject to Section 480(3) B.N.S.S. conditions and the further conditions stated in the order (attendance on each date, expeditious trial, cancellation clause on three consecutive absences/breach).

Issue for consideration

Whether the petitioner, whose bail bonds were earlier cancelled on 23.10.2013 in what the Court describes as a case of misuse of the privilege of bail, may now be granted bail in Pirbahor P.S. Case No. 390 (Spl. Case No. 62/2009) for the offence under Sections 22(b)(c) of the N.D.P.S. Act. +1 more

Court's answer

Having regard to the facts and circumstances, the period of custody of the petitioner, and the fact that it is an old case, the Court directed the petitioner's release on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Special Judge, N.D.P.S. Act-1st, Patna, subject to the conditions in Section 480(3) B.N.S.S. and further specified conditions.

Ratio / Principle

Bail was made conditional on: (i) the petitioner remaining present on each and every date fixed by the court below if so required; (ii) the learned trial court taking expeditious steps for disposal of the Session Trial arising out of Pirbahore P.S. Case No. 390 of 2009; and (iii) liability of the petitioner's bail bonds to cancellation on absence on three consecutive dates or violation of the terms of the bail.

Key takeaways

The Senior Superintendent of Police, Patna was directed to ensure the presence of witnesses on dates fixed by the learned trial court; a copy of the order to be sent through FAX/Email; and, if the witnesses are not produced, the SSP is to appear in person before this Court to explain his conduct.ratio¶25

Detailed headnote1 paragraphs

Bail granted afresh after cancellation of earlier bail bonds — Patna High Court, Criminal Miscellaneous No.48111 of 2025 (oral order, Arun Kumar Jha, J, dt.15-10-2025): In Pirbahor P.S. Case No. 390 (Spl. Case No. 62/2009) under Sections 22(b)(c) of the N.D.P.S. Act, the Court characterised the matter as a case of misuse of the privilege of bail, noting earlier bail granted on 17.03.2011 in Cr. Miscellaneous No. 3623 of 2011 and cancellation of the bail bonds on 23.10.2013 (counsel attributing it to non-pairvi). With the petitioner in custody since 25.02.2025 and the trial at the stage of recording prosecution evidence, the Court, considering the period of custody and the age of the case, directed release on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, N.D.P.S. Act-1st, Patna, subject to Section 480(3) B.N.S.S. and conditions of regular attendance, expeditious disposal of the Session Trial, and liability of the bail bonds to cancellation upon absence on three consecutive dates or breach of bail terms. The Senior Superintendent of Police, Patna was directed to ensure witness presence on fixed dates, with a sanction of personal appearance before the Court if witnesses were not produced.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48111 of 2025

Arising Out of PS. Case No.-390 Year-2009 Thana- PIRBAHOR District- Patna

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

Raja Kumar @ Raj Kumar @ Raja S/o Late Harichandra Prasad @ Harish Chandra Prasad R/o Vill.-Khemnichak, Mangal Chowk, P.S.Ramkrishnanagar, District-Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Nityanand Kumar For the Opposite Party/s : Mr. Mohammed Arif ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

4 15-10-2025

Heard learned counsel for the petitioner and learned APP for the State.

In the present case, the petitioner seeks bail in connection with Pirbahor P.S. Case No. 390 of 2025, (Spl. Case No. 62/2009) for the offence punishable under Sections 22(b)(c) of the N.D.P.S. Act.

This is a case of misuse of privilege of bail. The petitioner was earlier granted bail vide order dated 17.03.2011 passed in Cr. Miscellaneous No. 3623 of 2011. The bail bonds of the petitioner was cancelled on 23.10.2013

Learned counsel for the petitioner submits that the petitioner is a poor person and went to Punjab for earning his livelihood and due to non-pairvi, his bail bond was cancelled by

Patna High Court CR. MISC. No.48111 of 2025(4) dt.15-10-2025 2/3

the learned trial court. Now the petitioner undertakes to appear in each and every date if he is granted bail. The petitioner is in custody since 25.02.2025. The trial is at the stage of recording prosecution evidence.

Learned APP has opposed the submission made on behalf of the petitioner and submits that due to conduct of the petitioner, the trial could not be concluded in time.

Having regard to the facts and circumstances of the case, period of custody of the petitioner and also considering the fact that it is an old case, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S. Act- 1^st , Patna, in connection with Pirbahor P.S. Case No. 390 of 2009, (Spl. Case No. 62 of 2009), subject to the conditions mentioned in Section 480 (3) of the B.N.S.S. and other following conditions :

(i) The petitioner will remain present on each and every date fixed by the court below, if so required by the court below.

(ii) The learned trial court is directed to take expeditious step for disposal of the Session Trial arising out of Pirbahore P.S. Case No. 390 of 2009.

Patna High Court CR. MISC. No.48111 of 2025(4) dt.15-10-2025 3/3

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

The Senior Superintendent of Police, Patna is directed to ensure the presence of the witnesses on the date fixed by the learned trial court.

A copy of this order be sent to the Senior Superintendent of Police, Patna through FAX/Email. In case, if the witnesses are not produced, the Senior Superintendent of Police, Patna will appear in person before this Court to explain his conduct.

(Arun Kumar Jha, J)

Ranjeet/-

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