Md. Yusuf Siddiqui v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2525 of 2026 Arising Out of PS. Case No.-201 Year-2025 Thana- MAJORGANJ District- Sitamarhi ====================================================== Md. Yusuf Siddiqui S/O Md. Akhatar Miyan @ Md. Akhatar R/O Vill.- Majorganj, Ward No. 13, P.S.- Majorganj, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prabhat, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2026 Heard Mr. Krishna Prabhat, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State. 2.

The petitioner seeks bail in connection with Majorganj P.S. Case No. 201 of 2025 instituted for the offence under Section 21(c) of the NDPS Act. Earlier vide order dated 10.11.2025, passed in Cr. Misc. No. 51056 of 2025, regular bail of the petitioner was rejected by this Court, taking into account the recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the NDPS Act. 3.

Learned counsel for the petitioner submits that the present one is the second attempt for grant of regular bail to the petitioner. It is mainly submitted that even cognizance is not taken in the present case, hitherto. It has been submitted on

Patna High Court CR. MISC. No.2525 of 2026(2) dt.30-01-2026 2/3 behalf of the petitioner that the petitioner is in custody since 28.05.2025, having no criminal antecedent. Learned counsel further submits that there is no likelihood of the trial being concluded in the near future. Learned counsel goes on to submit that the continued incarceration of the petitioner without conclusion of trial amounts to a gross violation of the fundamental right guaranteed under Article 21 of the Constitution of India, which is reiterated by Hon'ble Apex Court in plethora of judgments.

4.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 5.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and taking into account the fact that continued detention of the petitioner would serve no purpose other than punitive pretrial incarceration, which is antithetical to the spirit of Article 21 of the Constitution of India, this Court is inclined to grant bail to the petitioner.

6.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Majorganj P.S. Case

Patna High Court CR. MISC. No.2525 of 2026(2) dt.30-01-2026 3/3 No. 201 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T