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Patna High Court

Arman Mian @ Arman MiyaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

Bail was denied because the offence involved a commercial quantity of charas recovered from the accused’s conscious possession.

Summary

Arman Mian was arrested after police stopped his vehicle and recovered 4.6 kg of charas from his possession, leading to charges under Sections 8, 20(b)(ii)(c), 23(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner applied for bail, claiming innocence, alleging that the contraband was planted and that the charge‑sheet was incomplete because it lacked a forensic science laboratory report. The State opposed bail, emphasizing that the quantity seized constitutes a commercial amount and was found in the petitioner’s conscious possession. The Patna High Court, after hearing arguments via video conference, declined to grant bail, noting the seriousness of the offence and the commercial quantity involved. The Court directed the trial court to expedite the trial and permitted the petitioner to renew his bail application after six months if the trial remained pending.

Issues considered

  • Whether bail should be granted in an NDPS case where a commercial quantity of narcotic drug has been seized from the accused’s conscious possession.
  • Whether the absence of a forensic science laboratory report in the charge‑sheet renders the charge‑sheet defective for the purpose of granting bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • drug possession
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34110 of 2026
                  Arising Out of PS. Case No.-111 Year-2025 Thana- MAHUAWA District- East Champaran
                 ======================================================
                 Arman Mian @ Arman Miya Son of Reyajul Mian, Resident of Village -Sirsia
                 Kalan, PS -Adapur, District -East Champaran.

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sunil Kumar No. III, Advocate
                 For the Opposite Party/s :      Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   20-05-2026                     The matter was heard via video conferencing

                   mode.

                                   2. Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   3. The petitioner seeks bail in connection with

                   N.D.P.S. Case No. 10 of 2026, arising out of Mahuawa P.S.

                   Case No. 111 of 2025 registered for the offences punishable

                   under Sections 8, 20(b)(ii)(c), 23(c) and 29 of the N.D.P.S. Act.

                                   4. As per prosecution case, during the course of

                   vehicle checking a vehicle was signaled to stop but the

                   occupants of the vehicle on seeing the Police tried to flee who

                   were then apprehended by the Police. A search was conducted

                   and from the possession of the petitioner 4.6 kg of charas was

                   recovered which was kept in a black bag.
Patna High Court CR. MISC. No.34110 of 2026(2) dt.20-05-2026
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                          5. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. The recovery is manufactured and planted. The

          chargesheet has been submitted on 31.12.2025 without FSL

          report and as such the chargesheet is incomplete in the eye of

          law and the matter is pending for consideration before the

          Hon’ble Supreme Court. Learned counsel lastly submits that

          petitioner has clean antecedent and he is in custody since

          01.09.2025.

                          6. Learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner and submits that 4.6 kg of charas has been recovered

          from the conscious possession of the petitioner which is greater

          than the commercial quantity.

                          7. Considering the nature of offence and the

          quantity of recovered contraband which is commercial, this

          Court is not inclined to grant bail to the petitioner.

                          8. Accordingly, the prayer of bail of the petitioner

          stands rejected.

                          9. Learned trial Court is directed to conclude the

          trial expeditiously as delay in trial may entitle the petitioner for

          bail.
          Patna High Court CR. MISC. No.34110 of 2026(2) dt.20-05-2026
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                                    10. The petitioner may renew his prayer for bail

                    after six months if the trial is not concluded.



                                                                  (Ansul, J)

Shahnawaz/-

U     T


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