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Patna High Court

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

Decided
Disposal
BAIL REJECTED

Holding

The court denied regular bail to the petitioner, holding that the large quantity of narcotics and prior criminal antecedent preclude bail.

Summary

The petitioner, Ekram Mian, applied for regular bail in a case where 287.55 quintals of ganja were seized from a co-accused’s house, and the co-accused identified the petitioner as an associate. The petitioner claimed innocence, stating no incriminating material was found in his possession and that he had been in custody since September 18, 2025. The State opposed bail, highlighting the massive quantity of narcotics involved and the petitioner’s prior similar criminal antecedent. The court considered the seriousness of the offence under the Narcotic Drugs and Psychotropic Substances Act and the petitioner’s criminal history. Consequently, the bail application was rejected, and the trial court was directed to expedite the trial within one year of receiving the order.

Issues considered

  • Whether regular bail can be granted to the petitioner under the NDPS Act given the large quantity of narcotics seized
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • large quantity of narcotics
  • criminal antecedent
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13332 of 2026
                      Arising Out of PS. Case No.-325 Year-2024 Thana- RAMGARHWA District- East
                                                       Champaran
                 ======================================================
                 Ekram Mian @ Md. Ekram @ Ikram Miyan @ Md. Ikram S/o Kamaruddin
                 Miya @ Manjur Miyan R/o Village- Belahiya, (Sigasani Tola Binvaliya), PS-
                 Ramgarhwa, District- East Champaran, Bihar

                                                                                 ... ... 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, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Ramgarhwa P. S. Case No. 325 of 2024 registered for the

                   offences punishable under Sections 8(C), 20(B) ii (C), 22 of the

                   Narcotic Drugs and Psychotropic Substances Act.

                                3. As per F.I.R., 287.55 quintal Ganja was recovered

                   from the house of co-accused Kamrul Hoda, who disclosed the

                   name of this petitioner as one of his associates.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. No

                   incriminating material has been recovered from conscious

                   possession of the petitioner and he is no way connected with the
              Patna High Court CR. MISC. No.13332 of 2026(2) dt.03-04-2026
                                                          2/2




                        aforesaid recovery. Petitioner is in custody since 18.09.2025.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application and submitted that petitioner has got one

                        criminal antecedent of similar nature.

                                     6. Considering the huge quantity of recovery and

                        criminal antecedent of similar nature, prayer for bail of the

                        petitioner is rejected.

                                     7. However, since petitioner is in custody since

                        18.09.2025, Trial Court is directed to expedite and conclude the

                        trial, preferably, within a period of one year from the date of

                        receipt/production of copy of this order.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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