Patna High Court
Binod UraoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the magnitude of the narcotics seizure justifies denial of regular bail.
Summary
The petitioner, Binod Urao, was arrested on 20 May 2025 after a police raid recovered 160 kg of ganja from a maize field in Araria. He is charged under Sections 8 and 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act. The petitioner applied for regular bail, claiming he was a laborer hired for a petty sum and was unaware that the sacks contained ganja. The State opposed the bail, emphasizing the large quantity of narcotics involved. The Patna High Court, considering the seriousness of the offence and the massive recovery, dismissed the bail application and directed the trial court to expedite the trial, while clarifying that the order does not prejudice the merits of the case.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act when a large quantity of narcotics (160 kg) has been seized
- Whether the petitioner’s claim of ignorance and low‑level involvement warrants regular bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 8
Subjects
- bail
- NDPS Act
- drug trafficking
- large quantity seizure
- presumption of guilt
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23610 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- GHURNA District- Araria
======================================================
Binod Urao son of Basudeo Urao Resident Of Village -Bewanganj, Ward No.
03, Ps And District -Sunsari, Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Ravish, Advocate
For the State : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Ghurna
P.S. Case No. 35 of 2025 registered for the offence punishable
under Sections 8, 20(b)(ii)(c) of the Narcotics Drugs and
Psychotropic Substances Act.
3. As per the prosecution case, the total recovery is of
160 kgs of ganja from the maize field.
4. The petitioner has been caught on the spot. He is in
custody since 20.05.2025.
5. Learned counsel for the petitioner submits that the
petitioner is a labour and he was engaged for petty amount to
transport the ganja kept in sacks. He did not know that he was
carrying ganja.
Patna High Court CR. MISC. No.23610 of 2026(2) dt.15-04-2026
2/2
6. Learned APP appearing for the State has
vehemently opposed the prayer for regular bail of the petitioner.
7. Considering the huge recovery of ganja, I am not
inclined to grant bail to the petitioner.
8. Accordingly, the application stands dismissed.
9. The Court below is directed to conclude the trial at
the earliest.
10. The Superintendent of Police, Araria is directed to
ensure the appearance of the witnesses.
11. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Araria and the
Superintendent Police, Patna through FAX or e-mail for its
compliance.
12. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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