Patna High Court
Bhimbali @ Bhimbali Mishra @ Bhimbali KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied regular bail to the petitioner.
Summary
The petitioner was arrested after the SSB intercepted a motorcycle carrying 53.068 kg of charas, and he was identified as the individual who fled the scene. He has been in custody since 28-10-2025 and filed an application for regular bail under the NDPS Act. The prosecution opposed the bail, emphasizing the large quantity of narcotics recovered and the petitioner's alleged role in transporting the charas. The Court examined the submissions and the case record, concluding that the seriousness of the offence warranted denial of regular bail. Consequently, the bail application was rejected, with a direction to the prosecution to expedite the trial and a provision that the petitioner may seek bail again if the trial is unduly delayed.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged involvement in the transportation of a large quantity of charas under the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 23(c), 29
Subjects
- regular bail
- NDPS Act
- charas
- drug trafficking
- high court
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25070 of 2026
Arising Out of PS. Case No.-73 Year-2025 Thana- PURUSHOTTAMPUR District- West
Champaran
======================================================
Bhimbali @ Bhimbali Mishra @ Bhimbali Kumar Son of Sheetal Mishra
Resident of Village- Ratanmala Mishra Tola, P.S.- Majhauliya, District- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarendra Nath Verma
For the Opposite Party/s : Ms. Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Purshottampur P.S. Case No. 73 of 2025 registered for the
offence under Sections 20(b)(ii)(c), 23(c) and 29 of the NDPS
Act.
3. As per the prosecution case, 53.068 kg of Charas
was recovered by the SSB when they intercepted a motorcycle
being driven by one Chotu Sah. After the SSB personnel
stopped the motorcycle, one person fled away, who is said to be
the present petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Patna High Court CR. MISC. No.25070 of 2026(2) dt.16-04-2026
2/2
Petitioner is in custody since 28.10.2025.
5. Learned counsel for the State vehemently opposes
the bail application.
6. I have considered the submissions of the parties and
have gone through the records of the case. Since there is a huge
recovery and the petitioner has been found to be involved in the
transportation of Charas, this Court is not inclined to grant
regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected. However, if the trial is delayed by the prosecution, the
petitioner may renew his prayer for bail. The prosecution is
directed to expedite the trial.
8. 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 T
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