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2025 DAILYLAW 2875 (PAT)

Neeraj Kumar v. The State of Bihar

CR. MISC./73197/2025 · 2026-02-25

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72147 of 2025 Arising Out of PS. Case No.-112 Year-2024 Thana- RAHIKA District- Madhubani ====================================================== Vijay Kumar S/o- Dharmdev Paswan Vill- Sarai Khas Parera, P.S- Sarai, Dist- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 73197 of 2025 Arising Out of PS. Case No.-112 Year-2024 Thana- RAHIKA District- Madhubani ====================================================== Neeraj Kumar Son of Umesh Sah Resident of Village - Sarai Khas Purera, P.S.- Sarai, District - Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 72147 of 2025) For the Petitioner/s : Ms. Shyamli Kumari, Advocate For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 73197 of 2025) For the Petitioner/s : Mr.Ayushi Gupta, Advocate For the Opposite Party/s : Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 4 25-02-2026 Heard Ms Shyamli Kumari, learned counsel for the petitioner in Cr. Misc. No. 72147 of 2025 and Ms. Ayushi Gupta, learned counsel for the petitioner in Cr. Misc. No. 73197 of 2025 beside Mr. Jitendra Kumar Singh and Mr. Bharat Bhushan, learned APPs for the State. 2. The petitioners are in judicial custody in connection Patna High Court CR. MISC. No.72147 of 2025(4) dt.25-02-2026 2/3 with G.R. No. 40/2024 arising out of Rahika P.S. Case No. 112 of 2024 for the offence punishable under Sections 8/20 (B)/22 of NDPS Act lodged on 25.05.2024 by the informant, Ravindra Kumar. 3. As per the prosecution story, the informant alleged that upon information about movement of ‘ganja’, vehicle checking was done and in the process, from the Renault Car, there is recover/seizure of 37.457 kgs. ‘ganja’ from it. As the petitioner failed to produce any paper, FIR/arrest. 4. Earlier, the bail application of the petitioner was rejected in Cr. Misc. No. 57440 of 2024. The is is the second attempt of bail of the petitioners. 5. A report was called for from the Trial Court which has come vide letter no. 60 dated 19.01.2026, according to which the charge has been framed. 6. Learned counsel for the petitioners submit that they have remained in custody since 25.05.2024 but the trial has not commenced. 7. Learned APPs on the other hand opposes prayer submitting that the recovery/seizure is 37.450 gram of Ganja from their possession and as such not entitled for the relief. 8. Considering the submissions of the parties as also Patna High Court CR. MISC. No.72147 of 2025(4) dt.25-02-2026 3/3 the quantity of the Ganja that has been recovered, this Court is not inclined to extend them the privilege of bail which is accordingly rejected. 9. However, since the petitioners are in custody since 25.05.2024, charges have already been framed, in that background, this Court requests the Trial Court to ensure that the trial is expedited and concluded preferably within a period of nine months. Ravi/- (Rajiv Roy, J) U T