Patna High Court
Arun BahardarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court refused to grant bail to the petitioner at this stage of the proceedings.
Summary
The petitioner, a labourer, was arrested during a police raid that seized 115 kg of ganja, alleged to be being transported from Nepal. He claims he was hired to carry a sack of maize and that no narcotics were found on his person, asserting no prior criminal record and having been in custody since May 2025. The prosecution alleges he was part of a group attempting to smuggle the narcotic, and the charge sheet was filed after a forensic laboratory report confirming the substance. The court considered the seriousness of the offence under Sections 8 and 20(b)(ii)(c) of the NDPS Act and the commercial quantity involved. Weighing these factors, the judge declined to grant regular bail, permitting the petitioner to re‑apply after six months if the trial remains pending.
Issues considered
- Whether regular bail can be granted to the accused under the NDPS Act for alleged possession of a commercial quantity of ganja.
- Whether the petitioner’s claim of being a mere carrier of maize negates the presumption of guilt under Sections 8 and 20(b)(ii)(c) of the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14810 of 2026
Arising Out of PS. Case No.-63 Year-2025 Thana- FULKAHA District- Araria
======================================================
Arun Bahardar S/o Late Lakhan Bahardar R/o Village- Dumariya, Ward
No.03, P.S.- Fulkaha, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karu Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 8 and 20(b)
(ii)(c) of the NDPS Act.
3. The case of the prosecution, in short, is that police
had information that some persons were going to transport
narcotic substance like ganja. A team was constituted. The team
raided at the said place and saw four people coming from Nepal
side carrying sacks on their head. Upon seeing the team, they
tried to escape. The raiding team chased the fleeing people and
apprehended one person while three persons managed to escape.
Upon opening the sacks, a substance resembling ganja was
recovered. Upon testing with a detection kit, the result
Patna High Court CR. MISC. No.14810 of 2026(3) dt.10-04-2026
2/2
confirmed the substance to be ganja. Upon weighing, the ganja
recovered from the spot was found to be 115 kg.
4. Learned counsel for the petitioner submits that the
petitioner is a labourer and he was hired by Ravi Sah, Sanjay
Bahardar and Kundan Sah. They told the petitioner to carry the
sack on the pretext of maize. It is further submitted that nothing
has been recovered from the possession of this petitioner.
Learned counsel for the petitioner has further submitted that the
petitioner is having no criminal antecedent and he is in judicial
custody since 18.05.2025.
5. In this case charge-sheet has been filed and from
perusal of the charge-sheet it is clear that charge-sheet has been
filed after FSL report. Moreover, the contraband which has been
recovered is more than commercial quantity.
6. Considering the aforesaid facts and circumstances
of the case, I am not inclined to grant bail to the petitioner at
this stage, however he may renew his prayer for bail after six
months if the trial is not concluded.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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