Patna High Court
Sabakarim @ NanhkiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was not granted to the petitioner.
Summary
The petitioner, Sabakarim, applied for regular bail in a case registered under Sections 8, 20(b)(ii)(c), 23(c), 25 and 29 of the NDPS Act, where 123.8 kg of ganja was recovered and the petitioner was alleged to be the owner. He has been in custody since 2 September 2025 and has eight prior criminal convictions. The prosecution presented the large quantity of narcotics and the petitioner’s antecedents as material factors. The Patna High Court, after hearing counsel, held that these circumstances made the petitioner ineligible for regular bail. Consequently, the bail application was rejected, with a note that the petitioner may re‑apply if the trial is delayed. The court clarified that its observations are prima facie and do not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act given the large quantity of ganja alleged to be owned by him and his multiple criminal antecedents.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 23(c), 25, 29, 8
Subjects
- bail
- NDPS Act
- drug trafficking
- regular bail
- criminal antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21844 of 2026
Arising Out of PS. Case No.-64 Year-2024 Thana- PALANWA District- East Champaran
======================================================
Sabakarim @ Nanhki S/o Ashraph Alam @ Asraf Alam R/o Vill- Bhada
Jhrba, Jharwa, Ward No. 11, P.s.- Harsidhi, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Rajiv Nayan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Palanwa P.S. Case No. 64 of 2024 registered for the offence
under Sections 8, 20(b)(ii)(c), 23(c), 25 and 29 of the NDPS
Act.
3. As per the prosecution case, there is recovery of
123.800Kg of ganja from the co-accused who has taken the
name of the petitioner as the owner of the ganja.
4. The petitioner is in custody since 02.09.2025 and
has eight criminal antecedents.
5. Considering the fact that the petitioner is the owner
of the ganja and the criminal antecedents of the petitioner, this
Patna High Court CR. MISC. No.21844 of 2026(2) dt.07-04-2026
2/2
Court is not inclined to grant regular bail to the petitioner.
6. Accordingly, this application for regular bail stands
rejected. If the trial is delayed by the prosecution, the petitioner
may renew his prayer for bail.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U
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