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Patna High Court

Md. ShahnawazversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted in view of the substantial quantity of narcotics recovered.

Summary

The petitioner, Md. Shahnawaz, was arrested in connection with a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 24.100 kg of ganja and six mobile phones. He applied for regular bail after being in custody since 14 September 2025. The primary issue before the court was whether bail should be granted given the large quantity of narcotics recovered. The court examined the seriousness of the offence under sections 8 and 20(b)(ii)(C) of the NDPS Act and the potential risk to society. Considering the substantial quantum of the drug seizure, the judge was not inclined to relax the custody condition. Consequently, the bail application was rejected.

Issues considered

  • Whether regular bail should be granted to the accused in a case involving possession of a large quantity of ganja under the NDPS Act

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • drug possession
  • quantum of narcotics
  • bail denial

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.15628 of 2026
                           Arising Out of PS. Case No.-65 Year-2025 Thana- KUWARI District- Araria
                  ======================================================
                  Md. Shahnawaz son of Md. Sahabuddin @ Sahbuddin Amiyan Resident of
                  Village -Kaparfora Ward No.8, PS- Kursakanta, Dist -Araria
                                                                               ... ... Petitioner
                                                    Versus
                  The State of Bihar                                   ... ... Opposite Party
                  ======================================================
                  Appearance :
                  For the Petitioner        :        Mr. Rajiv Ranjan, Advocate
                  For the State             :        Mr. Ashok Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    16-03-2026                     Heard learned counsel for the petitioner and learned

                    APP for the State.

                                       2.       This application for grant of regular bail

                    arises out of Kuwari P.S. Case No.65 of 2025 registered for the

                    offence punishable under sections 8/20(b)(ii)(C) of the N.D.P.S.

                    Act.

                                       3.       It is alleged that about 24.100 kg. of ganja

                    and six mobile phones have been recovered from the petitioner.

                    The petitioner is in custody since 14.09.2025.

                                       4.       Considering the quantum of recovery of

                    ganja and mobile phones, which are alleged to have been

                    recovered from the petitioner, I am not inclined to grant bail to

                    the petitioner. Accordingly, this bail application is rejected.



                                                                 (Sandeep Kumar, J)

pawan/-
U       T


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