Patna High Court
Maqsood Alam @ Maksud AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 22(c), 23(c), 29, 8
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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