Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The Court held that bail could not be granted to the petitioners given the substantial quantity of ganja seized.
Summary
The petitioners Vijay Kumar and Neeraj Kumar were arrested on 25 May 2024 for alleged possession of approximately 37.45 kg of ganja, based on an FIR lodged by informant Ravindra Kumar. They have remained in judicial custody and their earlier bail application (Cr. Misc. No. 57440 of 2024) was rejected. They filed fresh bail applications before the Patna High Court, contending that the trial has not yet commenced despite charges being framed. The State opposed, arguing that the large quantity of narcotic seized under the NDPS Act justifies denial of bail. The Court, applying the provisions of the NDPS Act and noting the substantial amount of drug involved, refused bail and directed the trial court to expedite the trial within nine months.
Issues considered
- Whether bail can be granted to accused under the NDPS Act for possession of a large quantity of narcotic
- Whether the delay in trial commencement warrants granting bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20B, 22, 8
Subjects
- bail
- NDPS Act
- narcotic drugs
- judicial custody
- trial delay
- quantity of drug
- high court
Judgment
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.
(Rajiv Roy, J)
Ravi/-
U T
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