Patna High Court
Md. ShahnawazversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(C), 8
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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