Patna High Court
Hemjaj Kumar @ Hemraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The petition for bail was denied as no new ground was raised and the earlier decision on merit stands.
Summary
The petitioner, Hemjaj Kumar, was arrested in connection with a case under Sections 18, 20 and 22 of the NDPS Act and has been in judicial custody since May 17, 2024. He filed a second bail application, arguing that he has no prior criminal record and that the trial is unlikely to conclude soon. The State opposed the bail, emphasizing that the earlier bail petition had been rejected on merit due to the recovery of contraband exceeding commercial quantity and the embargo provision under Section 37 of the NDPS Act. The court observed that the petitioner had not raised any new ground that was not considered in the earlier decision. Consequently, the bail petition was dismissed and the lower court was directed to expedite the trial.
Issues considered
- What are the grounds for granting bail to an accused under the NDPS Act in the absence of new material?
- Whether the earlier rejection of bail on the basis of contraband exceeding commercial quantity and Section 37 embargo precludes a fresh bail order.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 18, 20, 22, 37
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37 embargo
- judicial custody
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9853 of 2026
Arising Out of PS. Case No.-251 Year-2024 Thana- BARACHATTI District- Gaya
======================================================
Hemjaj Kumar @ Hemraj Kumar Son of Daso Singh @ Dasho Singh
Resident of Village - Sonkhba, P.S.- Barrachati, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Barachatti P.S. Case No. 251 of 2024 instituted for the offences
under Sections 18, 20 & 22 of the NDPS Act.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected on merit by this Court vide order
dated 27.06.202, passed in Cr. Misc. No. 72962 of 2024, taking
into account the fact that recovery of contraband beyond
commercial quantity coupled with embargo under Section 37 of
the NDPS Act.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.9853 of 2026(2) dt.13-02-2026
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petitioner is languishing in judicial custody since 17.05.2024
without any rhymes or reason, having no criminal antecedents.
Learned counsel for the petitioner submits that there is no
likelihood of the trial being concluded in the near future, hence,
petitioner may be enlarged on bail.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no new ground to consider the bail petition
of the petitioner, which is already decided by this Court on
merit.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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