Allowed

Ashish Kumar v. The State of Bihar

Patna HC17 Feb 2026CR. MISC./1819/2026

Case brief

AI extract

What is this about?

Bail sought under the NDPS Act after recovery of 102.41 grams of smack from the petitioner. Earlier bail was rejected; the Supreme Court permitted a fresh application if trial was delayed. With charges framed on 23-06-2025 and only one witness examined in eight months, the court granted bail with conditions.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.10,000 with two like sureties to Special Judge (NDPS), Purnea, subject to attendance and antecedent-verification conditions.

Ashish Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1819 of 2026

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Arising Out of PS. Case No.-52 Year-2025 Thana- DAGARUA District- Purnia

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

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Ashish Kumar S/O Narayan Bishwas Resident of Village- Champa Nagar Kohbara Ram Nagar, P.S- Champa Nagar, District- Purnea.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bidhu Ranjan For the Opposite Party/s : Mr.Vinod Shanker Modi ======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 17-02-2026

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

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As per allegation, 102.41 grams of smack was recovered from possession of the petitioner whereas 204.06 grams of smack was recovered from possession of co-accused, Sajan Kumar.

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Earlier prayer for bail of the petitioner was rejected by a detailed order dated 16-05-2025 passed in Cr. Misc. No. 30577 of 2025.

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The petitioner approached the Hon’ble Supreme Court and the Hon’ble Supreme Court vide order dated 21-072025 in SLP (Cri) No(s) 10149 of 2025 though disposed of the appeal of the petitioner but observed that the petitioner would

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Patna High Court CR. MISC. No.1819 of 2026(2) dt.17-02-2026 2/3

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not be debarred to take recourse before the High Court if there is delay in trial.

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Mr. N. K. Agrawal, learned Senior Counsel has submitted that the charges were framed on 23-06-2025 and after lapse of eight months, only one witness has been examined which shows the snail pace of the trial. It has further been submitted that the charge sheet was submitted without obtaining FSL report and considering this fact, the co-accused Sajan Kumar was granted bail by this court vide order dated 28-112025 passed in Cr. Misc. No. 33215 of 2025.

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Learned APP has opposed the prayer for bail.

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Considering the aforesaid facts and circumstances,

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let the petitioner named above, 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, (NDPS Act), Purnea in connection with Dagarua P.S. Case No. 52 of 2025 with the following conditions:

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(i) The petitioner will appear in the court below on each and every date fixed in the case and if, he fails to do so on two consecutive dates unless he is prevented by extremely adverse circumstances, the

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Patna High Court CR. MISC. No.1819 of 2026(2) dt.17-02-2026 3/3

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learned court below shall be at liberty to cancel the bail bonds of the petitioner.

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(ii) Before accepting the bail bonds, the criminal antecedent of the petitioner shall be verified by the Superintendent of Police, Purnea from all the police stations of Purnea district and if, it is found that he is involved in any other case except the present one, his bail bonds shall not be accepted.

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(Nawneet Kumar Pandey, J)

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A.K.V.//- U T

Ashish Kumar v. The State of Bihar

Case brief

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Ashish Kumar v. The State of Bihar

Case brief

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