Neeraj Sahani @ Neeraj Kumar @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72690 of 2025 Arising Out of PS. Case No.-335 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Neeraj Sahani @ Neeraj Kumar @ Niraj Kumar son of Bisundev Sahni Village- Bishunpur Patti PO -Karnaul PS- Sahebganj District -Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 10-02-2026 Heard Mr. Santosh Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-B)a, 26 of the Arms Act and Section 8/20(B)(ii)(c) of the N.D.P.S. Act.

3. As per the First Information Report the allegation is of recovery of 1.190 kg of charas, illegal firearms and live cartridge from the possession of the petitioner.

4. Learned counsel for the petitioner submits that recovery was not made from the conscious possession of the petitioner and the same has been result of improper search and seizure made by the police. It has further been submitted that the petitioner is in custody since 27.06.2024 and till date not a single witness has been examined after charges having been framed in the year 2024 itself.

5. Learned APP for the State opposed the grant of bail on the ground that there is recovery of commercial quantity

Patna High Court CR. MISC. No.72690 of 2025(3) dt.10-02-2026 2/2 of charas, coupled with the firearms and the petitioner has six criminal antecedents.

6. Taking into consideration the facts and circumstances of the case and also considering the serious nature of allegations and the recovery of commercial quantity of narcotics, this Court is not inclined to grant the privilege of bail to the petitioner. Accordingly, the prayer of bail of the petitioner is hereby rejected in connection with Sahebganj P.S. Case No.335 of 2024.

7. However, the learned Court concerned is directed to proceed with case expeditiously by using all coercive measures for appearance of the witnesses as it has been informed that after framing of charges in the year 2024, the case has not proceeded.

8. The Superintendent of Police, Muzaffarpur is also directed to co-operate at his hand for getting the witnesses produced before the Court concerned as the case is that of N.D.P.S. Act and the witnesses are mostly official.

9. Let a copy of this order be communicated to the Superintendent of Police, Muzaffarpur, through FAX for its compliance forthwith.

(Soni Shrivastava, J) anand/- U T