Birendra Rai @ Bijendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87338 of 2025 Arising Out of PS. Case No.-341 Year-2022 Thana- NADI P.S. District- Patna ====================================================== Birendra Rai @ Bijendra Rai S/O Ramji Rai R/O vill - Kripal Tola, P.S - Nadi, Disrict- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pramod Kumar, Advocate For the State :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

This is the third attempt on behalf of the petitioner for grant of regular bail in connection with Nadi P.S. Case No.341 of 2022 registered for the offence under sections 8, 20, 22, 29 of the N.D.P.S. Act.

3.

Earlier, the bail applications of the petitioner was rejected vide order dated 13.10.2023 and 07.02.2025 passed in Criminal Miscellaneous Nos.50767 of 2023 and 60815 of 2024. The aforesaid order dated 07.02.2025 reads as under:- "Heard the learned senior counsel for the petitioner and learned APP for the State.

2. This is the second attempt of the petitioner for grant of regular bail in connection with Special Case No. 51 of 2023 arising out of Nadi P.S. Case No. 341 of 2022 registered for the offence under

Patna High Court CR. MISC. No.87338 of 2025(3) dt.25-02-2026 2/3 Sections 8, 20, 22, 29 of the NDPS Act.

3. As per the prosecution case, there is recovery of 363 kg of Ganja.

4. Vide order dated 4.9.2024, a report regarding status of trial was called from learned Additional Sessions Judge IV, Patna in connection with the present case. The Report has been on 23.09.2024 and the same shows that trial has started and two witnesses have already been examined.

5. Considering the recovery of huge quantity of Ganja and also considering the fact that trial is progressing, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this application is dismissed again."

4.

It appears from the records that out of nine witnesses, six witnesses have already been examined in the trial. 5.

Considering the nature of allegation levelled against the petitioner and also the fact that the trial is proceeding, I am not inclined to review my earlier order. Accordingly, this bail application is dismissed. The trial court is directed to expedite the trial and conclude the same at the earliest.

6.

The Senior Superintendent of Police, Patna is directed to ensure the presence of remaining witnesses in the trial.

Patna High Court CR. MISC. No.87338 of 2025(3) dt.25-02-2026 3/3 7.

Let a copy of this order be communicated to the Senior Superintendent of Police, Patna forthwith through FAX or e-mail for its compliance.

(Sandeep Kumar, J) pawan/- U T