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Patna High Court

Reyaz KhanversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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