Created by Fuzzy Cloud

Patna High Court

Ekram Mian @ Md. Ekram @ Ikram Miyan @ Md. IkramversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied as the court was not convinced of the petitioner's innocence nor of his likelihood to refrain from reoffending.

Summary

Ekram Mian was arrested on 8 September 2025 in connection with a case involving the alleged recovery of 203.800 kg of ganja, charged under Sections 8(C), 20(B)ii C and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner claimed innocence and argued that the seized narcotics were not found in his possession, noting that a co‑accused had been granted bail. The State opposed bail, emphasizing that the quantity seized exceeds the commercial threshold, invoking the embargo provision of Section 37, and pointing to a prior similar case against the petitioner. The Court examined Supreme Court precedents on bail in NDPS cases and held that the large quantity and lack of evidence of non‑knowledge precluded any belief that the petitioner would not reoffend. Consequently, the Court refused bail, dismissing the petition.

Issues considered

  • Whether bail can be granted under Section 37 of the NDPS Act when the alleged seized quantity constitutes a commercial quantity.
  • Whether the petitioner can be shown to have no knowledge of the narcotics and is unlikely to commit a similar offence if released.
  • Whether the existence of a prior similar case against the petitioner affects the bail decision.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • Section 37
  • embargo
  • narcotics
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11226 of 2026
                      Arising Out of PS. Case No.-322 Year-2024 Thana- RAMGARHWA District- East
                                                       Champaran
                 ======================================================
                 Ekram Mian @ Md. Ekram @ Ikram Miyan @ Md. Ikram S/o Kamaruddin
                 Miya @ Manjur Miya R/o Village- Belhiya, Sigasani Tola (Binvaliya), PS-
                 Ramgarhwa, District- East Champaran

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rudrank Shivam Singh, Advocate
                 For the Opposite Party/s :      Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   02-04-2026                    Heard Mr. Rudrank Shivam Singh, learned counsel

                   for the petitioner and Mr. Pawan Kumar Chaurasia, learned

                   APP for the State.

                                 2.    Petitioner seeks bail who is in custody since

                   08.09.2025 in connection with Ramgharwa P.S. Case No. 322 of

                   2024, FIR dated 17.12.2024 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. Learned counsel for the petitioner further submits

                   that from perusal of the F.I.R. as well as seizure list that nothing
Patna High Court CR. MISC. No.11226 of 2026(3) dt.02-04-2026
                                            2/3




          incriminating article has been recovered from the possession of

          the petitioner and co-accused, namely, Munaf Miya @ Monaf

          Miya 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 08.09.2025.

                         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 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 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
               Patna High Court CR. MISC. No.11226 of 2026(3) dt.02-04-2026
                                                           3/3




                         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 Ramgharwa P.S. Case No. 322 of

                         2024, pending in the Court of learned Sessions Judge/Special

                         Judge, East Champaran at Motihari.

                                      10. Prayer is refused.



                                                                       (Rajesh Kumar Verma, J)
Nitesh/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.