Patna High Court
Wakil AnsariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 23(C), 25, 29
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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