Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23351 of 2025 Arising Out of PS. Case No.-333 Year-2023 Thana- BATHNAHA District- Sitamarhi ====================================================== Chintu Kumar S/o Ashok Mahto R/o Village- Mahuawa, Ward No. 12, P.S.- Pipra, District- East Champaran, Motihari ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bathnaha P.S. Case No. 333 of 2023 instituted for the offences under Sections8/20(ii)(c), 22(c) of the N.D.P.S. Act.

3. Earlier vide order dated 08.05.2024 passed in Cr. Misc. No. 83412 of 2023 the prayer for grant of bail to the petitioner was rejected. This the second attempt of the petitioner for grant of bail.

4. Prosecution case, in short, is that total 363.800 Kg. ganja has been recovered from two vehicles.

5. Learned counsel for the petitioner mainly submitted that the petitioner has been languishing in jail since 08.08.2023

Patna High Court CR. MISC. No.23351 of 2025(4) dt.04-07-2025 2/3 and there is no significant progress in the trial. Learned counsel further submitted that police during course of investigation has not found any material against the petitioner. He further submitted that 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 has vehemently opposed the prayer for grant of bail to the petitioner.

7. As per the report dated 22.04.2025 sent by the learned Trial Court, the case is still pending for receiving of the police paper and framing of charge.

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, and hence, this Court is not inclined to grant bail to the petitioner.

9. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

10. Learned Trial Court is directed to expedite the trial.

11. The District Magistrate, Sitamarhi and the

Patna High Court CR. MISC. No.23351 of 2025(4) dt.04-07-2025 3/3 Superintendent of Police, Sitamarhi are also directed to produce the witnesses before the learned court concerned for expeditious conclusion of trial without any undue delay.

12. Let a copy of this order be communicated to the District Magistrate, Sitamarhi and the Superintendent of Police, Sitamarhi for its compliance.

(Rudra Prakash Mishra, J) Alok Verma/- U T