Patna High Court
Boki Jat @ Jamamuddin @ ZamamuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted as the case involved a commercial quantity of ganja confirmed by forensic report.
Summary
The petitioner, Boki Jat, was arrested in connection with a case under Sections 8 and 20(b)(ii)(c) of the NDPS Act after 25 kg of ganja was recovered from his house. He contended that no incriminating article was found in his possession, claimed false implication, and highlighted his lack of prior criminal record. The prosecution presented a forensic laboratory report confirming the seized substance as ganja and argued that the quantity constituted a commercial amount. The court considered the seriousness of the offence, the confirmed recovery of a commercial quantity, and the statutory provisions governing bail in NDPS cases. Consequently, the court declined to grant regular bail and rejected the petitioner's application.
Issues considered
- Whether bail can be granted in a case under Sections 8 and 20(b)(ii)(c) of the NDPS Act involving a commercial quantity of ganja
- Whether the recovery of a commercial quantity of narcotics from the accused's residence justifies denial of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
Subjects
- NDPS Act
- bail
- commercial quantity
- drug trafficking
- forensic evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30930 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- FULKAHA District- Araria
======================================================
Boki Jat @ Jamamuddin @ Zamamuddin S/O Islam Jat R/O Village- Pathraha
Ward No. 18, P.S- Fulkaha, Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 01-07-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Fulkaha P.S.Case no.
132 of 2025 registered under sections 8 and 20(b)(ii)(c) of the
NDPS Act.
3. As per the prosecution case, 25 kgs of ganja was
recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner's
house or his possession and he has been falsely implicated in the
case. He is in custody since 24.1.2026 and has got no criminal
antecedent.
5. The application for bail is opposed by learned APP
for the State who submits that 25 kgs of ganja which happens to
Patna High Court CR. MISC. No.30930 of 2026(3) dt.01-07-2026
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be a commercial quantity, was recovered from the house of the
petitioner. The article recovered has been confirmed to be ganja
in the forensic science laboratory report dated 30.12.2025 issued
under the signature of the Assistant Director, Regional Forensic
Science Laboratory, Bhagalpur.
6. Having heard learned counsel for the parties and
taking into consideration the allegation of recovery of 25 kgs of
ganja which is a commercial quantity and the same having been
confirmed in the report of the forensic science laboratory, the
Court is not inclined to enlarge petitioner on bail and the
application is rejected.
(Partha Sarthy, J)
Bibhash/Amit
U T
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