Bijli Hajara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36347 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== Bijli Hajara S/O Badri Hajara Resident of village - Gad Gamhariya Sugaha Bhawanipur, P.S.- Kangali District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in NDPS GR Case No. 29 of 2025, arising out of Dumariyaghat PS Case No. 36 of 2025. instituted for the offences under Sections 8, 20(b)(ii)(c) & 25 of the NDPS Act.

3.

Prosecution allegation, in short, is that there is recovery of 62.790 Kg ganja from a car.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 15-02-2025 and has got no criminal antecedent. Learned counsel for the petitioner submits that petitioner is neither the owner nor the

Patna High Court CR. MISC. No.36347 of 2025(2) dt.17-06-2025 2/2 driver of the car in question. It is submitted that charge sheet is submitted in this case without FSL report.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act.

6.

Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.

7.

The prayer is rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T