IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3564 of 2022 Arising Out of PS. Case No.-1 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.

District- Purnia ======================================================

1. RAKESH KUMAR S/O PRABHU PRASAD Resident of village- Ashok Nagar Changer Road No.- 8A P.S.- Kankarbagh, District- Patna.

2. AKASH KUMAR S/O JAIRAM Resident of village- Maksudpur P.S.-

Fatuha, District- Patna.

... ... Appellants Versus The State of Bihar ... ... Respondent ======================================================

Appearance :

For the Appellants : Ms. Usha Kumari Singh, Advocate For the Respondent : Mr. Bal Mukund Prasad Sinha, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

25 25-02-2026 Re:- I.A. No. 03 of 2025.

Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State on I.A. No. 03 of 2025 which has been filed by the appellants for suspension of sentence and grant of bail.

2. The appellants have been convicted by the judgment of conviction dated 18.07.2022 passed by learned Sessions Judge-cum-Special Judge (NDPS) Act, Purnea, in Special (NDPS) No. 08 of 2019 (arising out of P.R. No. 01/2018-19, Special Case No. 08/2019/CIS No. 08/2019), whereby and whereunder the appellants have been convicted for the offence punishable under Section 20(b)(ii)(c) of the NDPS Act and accordingly, vide order of sentence dated 25.07.2022, appellants have been sentenced to undergo RI for 10 years and fine of Rs. 1,00,000/- each under the said section and in case of default of payment of fine, both the appellants shall further undergo SI for one month separately.

3. As per prosecution case, 116 KG ganja is said to have been recovered from the Honda City car in question. Appellant No. 1 was driving the car and appellant no. 2 was seated inside the car and both were apprehended on spot.

4. Learned counsel for the appellants submits that prayer for suspension of sentence and grant of bail of the appellants has already been rejected on two occasions, i.e. on 06.04.2023 and on 13.09.2024, with an observation on 13.09.2024 that the appellants may renew their prayer for bail after six months, if the appeal is not taken up for hearing. He further submits that the appellants are in custody since the date of registration of the F.I.R., i.e. 01.02.2019. He further submits that since the last date of rejection of prayer for suspension of sentence and grant of bail of the appellants, more than one year and five months has already elapsed and the appeal has not taken up for hearing. He further submits that the appellants have suffered more than seven years in jail custody and the prosecution has failed to prove its case beyond reasonable doubt because there is a complete violation of procedures prescribed under Sections 42, 52(A), 55 and 57 of NDPS Act and there are contradictions and discrepancies in the deposition of the witnesses which are fatal to the prosecution story. He further submits that out of ten years of sentence awarded to appellants, they have suffered more than seven years in jail custody which is the substantial part of the substantive sentence awarded to appellants and the appeal is not likely to be taken up in near future.

5. Learned counsel for the appellants has relied upon the judgment passed by the Hon’ble Supreme Court in the case of Narcotic Control Bureau Vs. Lakhwinder Singh (Cr. Appeal No.(S). 475 of 2025 arising out of S.L.P. (Criminal) No(S). 5215/2021) in which at para 6 and 7 it has been held as under:-

6. In the case of fixed-term sentences, if the Courts start adopting a rigid approach, in a large number of cases, till the appeal reaches the stage of the final hearing, the accused would undergo the entire sentence. This will be a violation of the rights of the accused under Article 21 of the Constitution. Moreover, it will defeat the right of appeal.

7. At this stage, the learned ASG appearing for