Patna High CourtCR. MISC./38146/2025rejected

Bihu Ram v. The State Of Bihar

2026-02-12Justice Smt. Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38146 of 2025 Arising Out of PS. Case No.-480 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Bihu Ram Son of Mahaveer Resident of Village- Tarajuli, Ps- Udalgudi, DistUdalgudi (Assam) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 12-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8, 20, 22 of the N.D.P.S. Act.

3. As per FIR, huge quantity of Ganja weighing 100.320 kg was recovered from the vehicle and the petitioner was apprehended at the spot.

4. Learned counsel for the petitioner submits that the petitioner is only cleaner of the vehicle from which the recovery of the narcotic was made and he had no knowledge about the existence of Ganja in the vehicle. It has further been submitted that the charges have already been framed in this case on 13.02.2025 and the petitioner is in custody since 22.09.2023 with no criminal antecedent and no substantial progress has been made in the trial.

Patna High Court CR. MISC. No.38146 of 2025(8) dt.12-02-2026 2/2

5. Learned APP for the State has opposed the application for bail on the ground that the case concerns recovery of commercial quantity of Ganja i.e. 100.320 kg from the conscious possession of the petitioner.

6. A report had been called for with regard to the stage of the case which indicates that out of seven charge-sheeted witnesses, five have already been examined and two witnesses only remained to be examined.

7. In such view of the matter, considering the recovery of commercial quantity of narcotic and also taking into consideration the advance stage of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected in connection Kuchaikote P.S. Case No. 480 of 2023 directing the trial court to conclude the trial preferably within a period of three months.

(Soni Shrivastava, J) devendra/- U T