In Md. Afsar @ Md. Afsar Alam vs. The State of Bihar (2026), Patna High Court's Full Bench of Justices Rajeev Ranjan Prasad, Jitendra Kumar, and Dr. Anshuman passed an order dated May, 5, 2026, wherein, it appointed Dr. Gopal Krishna and Amish Kumar as Amicus Curiae in a Excise-NDPS Special Court case. The case arose from a regular bail application in connection with Kadwa P.S. Case No. 144 of 2021 which had arisen out of G.R. No.2365/2021, lodged on June 20, 2021 under Sections 8, 20(b) (ii),C of the N.D.P.S. Act read with section 30(a) of Bihar Prohibition & Excise Act.
The Full Bench of the High Court has been constituted to answer the references made in paragraph ‘15’ of the judgment dated May 8, 2024 passed by Justice Dr. Anshuman, a Single Judge of the High Court in Cr. Misc. No. 19801 of 2024. The said paragraph ‘15’ reads: “15. After passing the order of disposal in this case, I find, there are questions necessary to be answered with a view to find solution to problem which has arisen ad-nauseam before the Trial Court. Therefore, it is essential to be tested by the Larger Bench for which reference is necessary to be framed which are as follows:-“The Trial of a criminal case has to be conducted before which Court? (a) When, the said criminal case has been lodged under two or more offences, which come under different Central Acts for which two or more different Special Courts assigned for trial under statutes. (b) When, the said criminal case has been lodged under two or more offences which comes under one or more Central act and one or more State act having two or more different Special Courts assigned for trial under statutes. (c) When, the said criminal case has been lodged under two or more offences which come under I.P.C. and Special Acts having different situations viz., (i) offences of I.P.C. provides higher punishment and Special Act provides lower punishment (For example:- a case under section 420 of the I.P.C. for which warrant trial prescribed with section 7 of the E.C. Act for which summary trial prescribed under law. (ii) section 302 of the I.P.C. for which Sessions Trial provided with offences under Excise Act for which Special trial provided. (iii) offences under I.P.C., Excise Act and E.C. Act (special law special trial) (iv) offences under section 420 I.P.C. for which warrant trial provided with offences of section 138 of N.I. Act for which summary trial provided.”
The Court called upon N. K. Agrawal, senior counsel to first make a submission on the scope of the reference. Whether in a given case where the learned Single Judge has, upon hearing the matter with the assistance of the Advocate at the Bar, decided the issues raised therein and disposed of the matter, would be justified in framing certain questions which have not been discussed in connection with the said case, for purpose of reference to a larger Bench.
The Full Bench referred to judgments of the Kerala High Court and the Allahabad High Court in the case of Babu Premarajan vs. Superintendent of Police, Kasargode and Others reported in 2000 SCC OnLine Ker 138 and Suo Moto action taken by the Court vs. I.C.I.C.I. Bank Ltd., I.C.I.C.I. Bank Towers, Bandra Kurla complex, Mumbai through its Chairman and Others reported in 2003 SCC OnLine All 365 respectively have been referred to at the Bar.
The Full Bench requested Advocate General to assist the Court. The Court's order reads:" 11. Let complete brief of the matter be made available to learned Advocate General, Mr. Amish Kumar, learned Advocate as also Mr. Gopal Krishna, learned Advocate. 12. We fix this matter for further consideration on 1st July, 2026 at 10:30 A.M."
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