Created by Fuzzy Cloud

Patna High Court

Rajeshwar Dubey @ Rajeshwar DuveversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied regular bail to the petitioner, upholding the earlier order.

Summary

The petitioner, Rajeshwar Dubey, was arrested in connection with a case registered under the NDPS Act for alleged possession of 13.345 kg of ganja recovered from his house. He applied for regular bail for the second time after an earlier bail application was rejected. The petitioner contended that he was falsely implicated, that no incriminating articles were found in his possession, and that only two witnesses had been examined, while also acknowledging seven prior criminal antecedents. The State opposed the bail, emphasizing the seriousness of the offences under Sections 20(b)(ii)(B), 23(C) and 25 of the NDPS Act. The Court, considering the gravity of the alleged drug offence, declined to revisit its earlier order and dismissed the bail application. Consequently, the trial court was directed to expedite the trial.

Issues considered

  • Whether regular bail should be granted to the accused in a serious NDPS offence involving a large quantity of narcotics
  • Whether the earlier denial of bail can be reviewed in light of the petitioner’s claims of false implication and limited evidentiary examination

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug trafficking
  • regular bail
  • criminal antecedents
  • trial expediting

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22143 of 2026
                   Arising Out of PS. Case No.-447 Year-2024 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Rajeshwar Dubey @ Rajeshwar Duve S/o- Late Amarnath Dubey R/v-
                 Latiyahi Ps- Aadapur District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Ms.Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection with Adapur P.S. Case No.

                   447/2024 registered for the offences punishable under Sections

                   20(b)(ii)(B), 23(C ) and 25 of N.D.P.S. Act. Earlier the bail

                   application of the petitioner was rejected vide order dated

                   11.09.2025 passed in Cr. Misc. No. 37412 of 2025.

                                3. As per the prosecution case, 13.345 kg of ganja has

                   been recovered from the house of the petitioner and he is in

                   custody since 28.12.2024.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. No

                   incriminating articles has been recovered from his possession.
              Patna High Court CR. MISC. No.22143 of 2026(2) dt.30-04-2026
                                                          2/2




                        Learned counsel further submits that in the trial only two

                        witnesses have been examined and he has seven criminal

                        antecedents. The petitioner undertakes to co-operate in the case/

                        trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the gravity of the offence, this Court is

                        not inclined to review its earlier order.

                                     7. Accordingly, this application stands dismissed

                        again and the trial court is directed to expedite the trial.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.