Patna High Court
Md. SawezversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Md Sawez, was arrested in connection with a case registered under Sections 8 and 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after 20 kg of ganja was recovered from the dicky of a bus. The petitioner contended that he was falsely implicated, that no narcotic substances were found in his possession, and that he has no prior criminal record, having been in custody since 1 September 2025. The prosecution, through the Additional Public Prosecutor, opposed bail, stating that the bus driver identified the petitioner as the owner of the seized ganja. The court, noting the large quantity of narcotics recovered, was not persuaded by the petitioner's arguments and considered the seriousness of the offence. Consequently, the court dismissed the bail application, refusing regular bail to the petitioner.
Issues considered
- Whether bail should be granted to the accused under Sections 8 and 20(b)(ii)(c) of the NDPS Act given the large seizure of narcotics and the allegation that the accused is the owner.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
Subjects
- bail
- NDPS Act
- drug seizure
- false implication
- criminal antecedent
- bus dicky
- large narcotics recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1214 of 2026
Arising Out of PS. Case No.-324 Year-2025 Thana- NARPATGANJ District- Araria
======================================================
Md. Sawez S/o Abdul Rahman R/o Village - R.C. 21 Deepak Bihar Khora
Colony, Gajiabad, State - Uttar Pradesh Present Address - R/o Village -
Asalatpur, Dakshini, Tahsil - Muradabad, P.S - Katdhar, District - Muradabad,
State - Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 23-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Narpatganj P.S. Case No. 324/2025 registered for the offences
punishable under Sections 8/20(b)(ii)(c) of the NDPS Act.
3. As per the prosecution case, 20 kg of ganja was
recovered from the dicky of a bus.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has no criminal
antecedent and he is in custody since 01.09.2025. The petitioner
undertakes to co-operate in the case/ trial.
Patna High Court CR. MISC. No.1214 of 2026(5) dt.23-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that the driver of
the bus has named the petitioner as the owner of the ganja.
6. Considering the huge recovery of ganja, this Court
is not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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