Patna High Court
Dharmraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the magnitude of the narcotic seizure warranted denial of regular bail.
Summary
The petitioner, Dharmraj Kumar, was arrested in connection with FIR No. 65 of 2025 under Sections 20(b)(ii)(C), 23(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for the alleged recovery of 57.880 kg of ganja from a Bolero vehicle. He applied for regular bail, claiming innocence despite having one prior criminal antecedent and having been in custody since 18‑05‑2025. The State opposed the bail on the ground of the large quantity of narcotics involved. The Patna High Court, after hearing counsel, dismissed the bail application, noting the seriousness of the offence due to the huge quantity seized. The court directed the trial court to expedite the trial and clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail can be granted to an accused under the NDPS Act when a large quantity of ganja (57.880 kg) has been seized.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(C), 23(c), 25, 29
Subjects
- bail
- NDPS Act
- cannabis
- large quantity seizure
- regular bail
- criminal antecedent
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26138 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- INARWA District- West Champaran
======================================================
Dharmraj Kumar S/O Late Hari Paswan @ Sri Hari Hajara Resident of
Village- Sakraul, Ward No. 12, P.S- Inarwa, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 21-04-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Inarwa P.S. FIR No. 65 of 2025, registered under Sections 20(b)
(ii) (C) , 23(c), 25, 29 of the N.D.P.S. Act.
3. Recovery is of 57.880 Kg. of ganja from a bolero
vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. The
petitioner has one criminal antecedent and he is in custody since
18.05.2025.
5. Learned A.P.P. for the State has opposed the prayer
for bail.
6. Considering the huge quantity of recovery of ganja,
this bail application is dismissed.
Patna High Court CR. MISC. No.26138 of 2026(2) dt.21-04-2026
2/2
7. The trial court is directed to expedite the trial of the
petitioner and conclude the same at the earliest.
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)
Ranjeet/-
U T
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