Patna High Court
Reyaz KhanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted to the petitioner.
Summary
Reyaz Khan, accused in a case under the NDPS Act for possession of 1 kg of charas (part of a total 7.65 kg seized), applied for regular bail. He claimed innocence and has been in custody since 25 December 2025. The State opposed the bail, emphasizing the seriousness of the offence and the large quantity of narcotics involved. The Patna High Court, after considering the submissions and the gravity of the allegations, declined to grant regular bail. The court clarified that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the offence and the quantity of narcotics seized?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111(1)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B)(C), 23, 25, 29, 61, 8
Subjects
- regular bail
- NDPS Act
- narcotics
- charas
- criminal procedure
- bail jurisprudence
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26164 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- Haraiya District- East Champaran
======================================================
Reyaz Khan Son of Saheb Miya Resident of Village- Narkatiya Chakki Pakri,
P.S.- Shikarpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gautam
For the Opposite Party/s : Mr. Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Haraiya P.S. Case No. 165 of 2025 registered for the offence
under Sections 8, 20(b)(ii)(B)(C), 23, 25, 29 and 61 of the
NDPS Act and Section 111(1) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, a total of 7.650 kg of
charas was recovered from the joint possession of the accused
persons. From the possession of the petitioner, 1 kg of charas
was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Patna High Court CR. MISC. No.26164 of 2026(2) dt.22-04-2026
2/2
Petitioner is in custody since 25.12.2025.
5. Per contra, learned counsel for the State
vehemently opposes the bail application.
6. Having considered the submissions of the parties,
the nature and gravity of the allegation, and the quantity of
contraband recovered, this Court is not inclined to grant regular
bail to the petitioner.
7. Accordingly, the prayer for regular bail stands
rejected.
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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