Mithlesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16656 of 2025 Arising Out of PS. Case No.-13 Year-2024 Thana- BODHGAYA District- Gaya ====================================================== Mithlesh Yadav Son of Late Ramroop Yadav Resident of Village - Mahmatpur, P.S. - Mohanpur, District - Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Union of India through The Narcotic Commissioner, New Delhi New Delhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Shankar, Advocate :
Mrs. Nausheen Fatma, Advocate :
Mr. Atul Kumar Anjan, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP For UOI :
Mr. Mithlesh Kumar Gupta, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2025 Heard the parties.
2. The petitioner seeks bail in connection with Bodhgaya P.S. Case No. 13 of 2024 instituted for the offences under Sections 8, 21(c), 25, 29 of the N.D.P.S. Act.
3. Earlier vide order dated 24.06.2024 passed in Cr. Misc. No. 26403 of 2024 the prayer for grant of bail to the petitioner was rejected.
4. Prosecution case, in short, is that total 532.8 grams heroin has been recovered in this case.
Patna High Court CR. MISC. No.16656 of 2025(3) dt.16-05-2025 2/3
5. Learned counsel for the petitioner mainly submitted that the petitioner has been languishing in jail since 10.01.2024, i.e. for more than one year and there is no significant progress in the trial. Learned counsel further submitted that there is no significant progress in the trial and there is no likelihood of conclusion of trial in near future and therefore, petitioner may be released on bail. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.
6. Learned A.P.P. for the State and learned counsel appearing on behalf of NCB have vehemently opposed the prayer for grant of bail to the petitioner.
7. As per the report dated 03.04.2025 sent by the learned court below, charge has been framed on 18.07.2024 and since then, no prosecution witness has been examined. It is further report that trial is likely to be completed in the next six months.
8. Having considered the submissions made on behalf of the parties, this Court finds no fresh ground to reconsider the matter which has already been decided on merit by this Court as also taking into account the present stage of trial, this Court is not inclined to grant bail to the petitioner.
9. Accordingly, the prayer for grant of bail to the
Patna High Court CR. MISC. No.16656 of 2025(3) dt.16-05-2025 3/3 petitioner is, hereby, rejected.
10. Learned Trial Court is directed to expedite the trial and conclude the same without any undue delay and unnecessary adjournments.
(Rudra Prakash Mishra, J) Alok Verma/- U T