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Patna High Court

Maqsood Alam @ Maksud AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that regular bail could not be granted as the trial was at the defence witness stage and was expected to conclude within two months.

Summary

The petitioner, Maqsood Alam, was accused under Sections 8, 20(b)(ii)(c), 22(c), 23(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of 21 kg of ganja recovered from a motorcycle. He applied for regular bail, which had earlier been rejected with a direction to renew the prayer after nine months if the trial showed no progress. The trial court reported that all prosecution witnesses had been examined and the case was at the defence witness stage, with an estimated two‑month timeline for conclusion. The High Court, after reviewing the report, declined to grant regular bail, noting the trial was nearing completion. However, the court permitted the petitioner to renew his bail application after three months if the trial was not concluded within the two‑month period.

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act given the current stage of the trial
  • Whether the anticipated two‑month remaining trial period justifies denial of bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug trafficking
  • trial stage
  • regular bail
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1153 of 2026
                  Arising Out of PS. Case No.-47 Year-2024 Thana- BHANGHA District- West Champaran
                 ======================================================
                 Maqsood Alam @ Maksud Alam Son of Sheikh Sabir Resident of Village-
                 Purainia, P.S.- Mainatad, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Dhananjay Kumar
                 For the Opposite Party/s:      Mr.Vinod Shanker Modi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   18-02-2026         1. Heard the parties.

                       2. The petitioner has been made accused in connection with

                   Bhangaha P.S. Case No. 47 of 2024 dated 24.06.2024 registered

                   under Section 8 / 20 (b)(ii)(c), 22(c), 23(c) & 29 of the N.D.P.S.

                   Act.

                       3. The bail application of the petitioner was earlier rejected

                   on merit vide order dated 30.01.2025 passed in Cr. Misc. No.

                   4556 of 2025 with liberty to the petitioner to renew his prayer

                   for bail after nine months if the trial does not show any

                   progress.

                       4. The petitioner is in custody since 24.06.2024.

                       5. As per the prosecution case commercial quantity of ganja

                   (21 Kg) has been recovered from the motorcycle upon which the

                   petitioner and other accused person was traveling.
               Patna High Court CR. MISC. No.1153 of 2026(3) dt.18-02-2026
                                                           2/2




                             6. This Court has called for a report from the trial court

                         regarding the present stage of the trial and in pursuance thereof

                         report has been submitted by learned Exclusive (NDPS) Judge,

                         West Champaran, Bettiah vide letter no. 29 / 2026 dated 17 th

                         January 2026 informing that all the prosecution witnesses have

                         been examined and the case is at the stage of defence witness.

                         The trial court has given the estimated time for conclusion of

                         trial within two months, as such, I am not inclined to grant

                         regular bail to the petitioner at this stage.

                             7. However, the petitioner may renew his prayer for bail

                         after three months from today if the trial is not concluded within

                         two month.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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