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2026 Supreme(Online)(SC) 524

SUPREME COURT OF INDIA
J.K. Maheshwari, Prashant Kumar Mishra, JJ
Krishana Singh – Appellant
Versus
State Of Bihar – Respondent
Special Leave to Appeal (Crl.) No. 2922/2026



Advocates:
For the Appellants/Petitioners: Shantanu Sagar, Anil Kumar, Gunjesh Ranjan, Manoneet Dwivedi, Abhishek Kumar Gupta
For the Respondents: Anshul Narayan, Anshuman Harsh, Prem Prakash

The court exercises its discretion to grant bail to an accused in an NDPS Act case due to prolonged incarceration and the slow pace of trial proceedings.

Headnote:The present petition arises under the Narcotic Drugs and Psychotropic Substances Act. The petitioner, in custody since September 2023, sought regular bail after the High Court rejected their application. The court noted the significant period of detention and the slow progress of the trial, with only three out of six witnesses examined. The central issue was the entitlement of the accused to bail given the protracted nature of the trial and the extended duration of pre-trial incarceration. The court reasoned that in the absence of a trial's prompt conclusion, continued detention is not warranted. The petition is disposed of with the direction that the petitioner be released on bail subject to terms and conditions imposed by the trial court.

1. Against an order rejecting the regular bail by the High Court and to seek bail, the present special leave petition has been filed. The petitioner is in custody w.e.f. 09.09.2023 in connection with FIR No.325/23 dated 08.09.2023 for the offences punishable under Sections 8, 20(b)(ii), 25 and 35 of the Narcotic Drugs and Psychotropic Substances Act registered with Police Station Amas, Sub-Division, Sherghati, district Gaya, Bihar.

2. After hearing learned counsel for the parties and looking to the period of custody which is about two and a half years and, as stated by learned counsel for the respondent, still out of 6 witnesses, only three have been examined, therefore, the trial may take some time to conclude.

However, without expressing any opinion on the merits of the case, we deem it appropriate to release the petitioner on bail.

3. Accordingly, we direct that the petitioner be released on bail on furnishing the suitable bail bonds and sureties and on such other terms and conditions as may be deemed fit by the trial Court.

4. Petitioner to abide all the conditions as imposed and shall regularly attend the trial until exempted by the Court. Violation, if any, may give a cause to take recourse as permissible and the trial Court is at liberty to do the needful.

5. Accordingly and in view of the foregoing, the special leave petition stands disposed of. Pending application(s), if any, shall stand disposed of.

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