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2026 DAILYLAW 41577 (PAT)

Ajit Yadav @ Ajit Kumar @ Ajeet Kumar v. The State of Bihar

CR. MISC./82151/2025 · 2026-02-18

Smt Soni Shrivastava

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82151 of 2025 Arising Out of PS. Case No.-543 Year-2024 Thana- SIMRI BAKHTIYARPUR District- Saharsa ====================================================== Ajit Yadav @ Ajit Kumar @ Ajeet Kumar S/o Gopal Yadav R/o Village- Hindupur, P.S.- Bakhtiyarpur, District- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Rakesh Singh, Advocate For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 18-02-2026 Heard learned senior counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in a case registered for the offence punishable under section 8 and 20(b)(ii)(c) of the N.D.P.S. Act and u/s 30(a) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, 49.2 litres of wiscof corex syrup and 2.5 kg. of Ganja were recovered from the house of the petitioner. 4. Learned senior counsel for the petitioner submits that false recovery of Ganja and corex syrup has been shown from the possession of this petitioner. However, the said Patna High Court CR. MISC. No.82151 of 2025(3) dt.18-02-2026 2/3 recovery has been made from the house of the petitioner which is in joint occupation of other persons also. Further, there is no independent witness to the seizure list and compliance of mandatory provision of section 50 of the N.D.P.S. Act have also not been done. Further, the petitioner is in custody since 05.12.2024 with no criminal antecedent and the stage of the case also indicates that till date only three out of seven prosecution witnesses have been examined as such there is no likelihood of conclusion of trial in near future. 5. Learned APP for the State has opposes the grant of bail on the pretext that the offence involves commercial quantity of corex syrup. However, the Ganja is a little over small quantity but less than commercial quantity. 6. Taking into consideration the facts and circumstances and also considering that the trial has proceeded and three out of seven prosecution witnesses have already been examined and summons have been issued upon other witnesses, this Court is not inclined to grant bail to the petitioner at this stage. However, the learned trial court is directed to proceed with the trial expeditiously and conclude the same preferably within a period of six months, failing which the petitioner shall be at liberty to renew his prayer for bail. Patna High Court CR. MISC. No.82151 of 2025(3) dt.18-02-2026 3/3 7. Accordingly, the application for grant of bail stands rejected. Ranjeet/- (Soni Shrivastava, J) U T