Case brief
What is this about?
Patna High Court, CR. MISC. No.28471 of 2026, decided 03-07-2026 by Rudra Prakash Mishra, J. Regular bail in NDPS Case No. 17 of 2025 / Laheriasarai P.S. Case No. 188 of 2025, District Darbhanga, under Sections 21(c) and 29 NDPS Act; second bail application (earlier order dt. 14.10.2025 in Cr. Misc. No. 49875 of 2025); petitioner Md. Bare @ Md. Nasim in custody since 17.04.2025 with six antecedents; slow trial (2 of 7 witnesses examined); Section 37 NDPS embargo and recovery beyond commercial quantity considered; continued detention held to be punitive pretrial incarceration antithetical to Article 21; bail allowed on Rs. 15,000/- bond with two sureties and conditions. Keywords: bail; NDPS Act; Section 37 NDPS; Article 21; punitive pretrial incarceration; prolonged custody; trial delay; second bail application; commercial quantity; State of Bihar; Darbhanga.
What did the court decide?
Petitioner released on bail on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each to the satisfaction of the Court below in NDPS Case No. 17 of 2025, subject to conditions: (I) one bailor to be own/close member of the family; (II) appearance on each and every trial date, with liberty to the Trial Court to cancel the bail bonds on default on two consecutive dates.