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Patna High Court

Lalita DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application is dismissed as not pressed.

Summary

Lalita Devi applied for regular bail in a case involving offences under Section 30(a) of the Bihar Prohibition and Excise Act and Section 12(c) of the NDPS Act. This was her second bail application after an earlier one was rejected. The trial court report indicated that only the investigating officer and the informant remained to be examined. The petitioner, through counsel, chose not to pursue the bail application further. Consequently, the High Court dismissed the bail application as not pressed, directed the trial court to complete the trial within four months, and allowed the petitioner to file a fresh bail application if the trial exceeds that period.

Issues considered

  • Whether the petitioner is entitled to regular bail in the pending NDPS and Prohibition case
  • Whether a bail application can be dismissed when the petitioner does not wish to press it

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • Bihar Prohibition and Excise Act
  • withdrawal of bail application
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13045 of 2026
                     Arising Out of PS. Case No.-102 Year-2025 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Lalita Devi W/o Manoj Yadav Resident of Village- Parbatta, Ward No. 14,
                 P.S.- Parbatta, District- Khagaria.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aditya Pandey, Advocate.
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   24-04-2026                  1. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Parbatta P.S. Case No.102 of 2025 corresponding to N.D.P.S.

                   Special Case No.07 of 2025 for the offences registered under

                   Sections 30(a) of the Bihar Prohibition and Excise Act and

                   Section 12(c) of the N.D.P.S. Act.

                                3. This is the second bail application filed on behalf of

                   the petitioner. Earlier the regular bail application of the petitioner

                   was rejected vide order dated 03.09.2025 passed in Cr. Misc.

                   36585 of 2025.

                                4. Vide order dated 25.02.2026, a report regarding

                   present status of case was called for and the same was sent vide

                   Letter No.25 of 2026 dated 12.03.2026 by the Principal District
              Patna High Court CR. MISC. No.13045 of 2026(3) dt.24-04-2026
                                                          2/2




                        and Sessions Judge, Khagaria.

                                     5. As per the said report of the learned Trial Court, only

                        the I.O. and informant of the case remains to be examined.

                                     6. In view of the aforesaid, learned counsel for the

                        petitioner does not want to press the present bail application.

                                     7. Accordingly, the present Cr. Misc. Application stands

                        dismissed as not pressed.

                                     8. Learned Trial Court is directed to expedite the

                        disposal of the trial of the case preferably within four months

                        from the date of passing of this order.

                                     9. Petitioner is at liberty to file fresh bail application, if

                        the trial is not concluded within the aforesaid time period.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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