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Patna High Court

Wakil AnsariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Regular bail was denied to the petitioner.

Summary

The petitioner, Wakil Ansari, was arrested along with co‑accused while transporting 57.2 kg of ganja concealed in a four‑wheeler, and the recovery was confirmed by forensic analysis. He applied for regular bail under the NDPS Act, claiming innocence, a clean antecedent, and that he had been in custody since 2 June 2024. The State opposed the bail, emphasizing the large quantity of narcotics seized, which exceeds the commercial quantity threshold. The Court examined the FIR, the forensic confirmation of the seized ganja, and the statutory provisions governing bail in NDPS cases. Considering the recovery of a quantity greater than commercial limits, the Court was not inclined to grant regular bail and rejected the application.

Issues considered

  • Whether regular bail can be granted to an accused under the NDPS Act when the seized narcotic quantity exceeds the commercial quantity threshold.
  • Whether the petitioner’s claim of innocence and clean antecedent is sufficient to merit regular bail.

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • commercial quantity
  • drug trafficking
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2839 of 2025
                   Arising Out of PS. Case No.-260 Year-2024 Thana- MOTIHARI MUFASIL District- East
                                                        Champaran
                 ======================================================
                 Wakil Ansari S/O Mohram Ansari R/O Murarpur, P.S- Harsiddhi, Dist.- East
                 Champaran, Bihar- 845437.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Nivedita Nirvikar, Sr. Advocate
                                                  Ms. Shashi Priya, Advocate
                                                  Ms. Arya Achint, Advocate
                                                  Ms., Riya Raj, Advocate
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                                                  Mr. Tapeshwar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   24-03-2026                   Heard Mrs. Nivedita Nirvikar, the learned Senior

                   counsel for the petitioner and Mr. Jharkhandi Upadhyay, the

                   learned APP for the State.

                                 2. The petitioner seeks regular bail in connection with

                   Motihari (Muffasil) P.S. Case No. 260 of 2024 registered for the

                   offence under Sections 20(b)(ii)(C), 23(C), 25 and 29 of the

                   NDPS Act.

                                 3. The petitioner is named in the FIR and was

                   apprehended on the spot along with co-accused while

                   transporting Ganja concealed in a four-wheeler. There is

                   recovery of 57.2 Kg of Ganja.

                                 4. Learned senior counsel for the petitioner submits
            Patna High Court CR. MISC. No.2839 of 2025(8) dt.24-03-2026
                                                        2/2




                      that the petitioner is innocent and has not committed any

                      offence. The petitioner is in custody since 02.06.2024 and

                      claims clean antecedent.

                                   5. The 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. The sample was sent

                      for FSL and the recovery has been confirmed to be of that

                      Ganja. Considering the recovery which is more than the

                      commercial quantity, this Court is not inclined to grant regular

                      bail to the petitioner.

                                   7. Accordingly, this application for regular bail stands

                      rejected.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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