Patna High Court
Md. Khalis @ Md. Khalis Miya @ Khalis MiyaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied because the court was not convinced of the petitioner’s innocence and considered the risk of reoffending given the commercial quantity of narcotics recovered.
Summary
The petitioner, Md. Khalis, was arrested on 8 October 2025 in connection with an NDPS case involving the recovery of 203.800 kg of ganja. He sought bail, claiming innocence and that his name was implicated only through the confessional statement of a co-accused, with no incriminating material found on him. The State opposed bail, emphasizing the commercial quantity of the narcotic, the applicability of Section 37 of the NDPS Act, and the petitioner’s alleged involvement as indicated by the co-accused’s confession. The court referred to Supreme Court precedents that require a belief in the petitioner’s innocence and a low risk of reoffending before granting bail in such cases. Concluding that the evidence did not establish the petitioner’s lack of knowledge or risk of future offences, the court refused the bail application.
Issues considered
- Whether bail can be granted in an NDPS case where a commercial quantity of narcotic is recovered and the petitioner’s alleged involvement is based solely on a co-accused’s confession.
- Whether Section 37 of the NDPS Act precludes bail absent a belief that the petitioner is innocent and will not commit a similar offence.
- How the Supreme Court decisions in State of Kerala v. Rajesh, Narcotic Control Bureau v. Mohit Aggarwal, and Union of India v. Ajay Kumar Singh influence bail decisions in similar NDPS cases.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 22, 37, 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- confessional statement
- co-accused
- Section 37
- narcotics
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10404 of 2026
Arising Out of PS. Case No.-322 Year-2024 Thana- RAMGARHWA District- East
Champaran
======================================================
Md. Khalis @ Md. Khalis Miya @ Khalis Miya Son of Late Sainullah Miya
@ Sanaullah Miyan R/o Vilage - Charwa, P.S. - Ramgarhwa, District - East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the State : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 02-04-2026 Heard Mr. Bimlesh Kumar Pandey, learned counsel
for the petitioner and Mr. Kalyan Shankar, learned APP for the
State.
2. Petitioner seeks bail who is in custody since
08.10.2025 in connection with NDPS Case No. 120 of 2024
arising out of Ramgharwa P.S. Case No. 322 of 2024 for the
offences punishable under Sections 8(c), 20(b)(ii)(C), 22 of the
N.D.P.S. Act.
3. The case relates to recovery of 203.800 Kgs. of
Ganja.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the petitioner is not named
Patna High Court CR. MISC. No.10404 of 2026(3) dt.02-04-2026
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in the F.I.R. and the name of the petitioner has been transpired
during investigation on the basis of confessional statement of
co-accused person, namely, Munaf Miya @ Monaf Miya.
Learned counsel for the petitioner further submits that from
perusal of the F.I.R. as well as seizure list that nothing
incriminating article has been recovered from the possession of
the petitioner and except the confession of co-accused person,
no other cogent material has come during investigation to
suggest the involvement of the petitioner in the present
occurrence and co-accused who has confessed the name of the
petitioner has been granted bail by a Coordinate Bench of this
Court vide order dated 24.02.2026 passed in Cr. Misc. No. 4376
of 2026 and the petitioner is in custody since 08.10.2025.
5. Learned Additional Public Prosecutor, on the
other hand, on the basis of material available on record and case
diary, vehemently opposed the prayer for bail of the petitioner
and submits that altogether 203 Kgs. 800 grams of ganja was
recovered from the bus in question and co-accused who has
confessed the name of the petitioner has participated the crime
in question and the recovered contraband is more than the
commercial quantity, so there is embargo under Section 37 of
the N.D.P.S. Act and apart from aforesaid the petitioner carries
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one more case of similar nature other than the present one.
6. The grant of bail in NDPS cases where the recovery
of commercial quantity of narcotic is alleged is circumscribed
under Narcotic Drugs and Psychotropic Substance Act, 1985,
Section 37 which says that before grant of bail, the Court must
have reason to believe that petitioner has not committed the
offence and in the event of release he would not commit similar
offence.
7. The issue was considered by the Hon’ble Supreme
Court in the case of State of Kerala and Ors. Vs. Rajesh and
Ors. reported in (2020) 12 SCC, 122 as well as in the case of
Narcotic Control Bureau Vs. Mohit Aggarwal reported in
AIR 2022 SC 3444 and Union of India vs. Ajay Kumar Singh
@ Pappu reported in 2023 SCC OnLine SC 3456 dated
28.03.2023.
8. The recovery of huge quantity of Ganja recovered
would not justify that the petitioner had no knowledge of the
narcotic nor there is any material to substantiate that the
petitioner would not commit such offence in the event of
release.
9. Hence, I am not inclined to enlarge the petitioner
on bail in connection with N.D.P.S. Case No. 120 of 2024
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arising out of Ramgharwa P.S. Case No. 322 of 2024, pending
in the Court of learned Sessions Judge/Special Judge, Motihari,
East Champaran.
10. Prayer is refused.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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