Patna High Court
Amol GaikwadversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The petitioner's bail application was dismissed as no fresh ground was found to revisit the earlier decision.
Summary
The petitioner, Amol Gaikwad, was arrested for alleged possession of 469 kg of ganja recovered from a truck he was driving, constituting offences under Sections 8(c), 20(b)(ii)(C) and 25 of the NDPS Act, 1985. He applied for bail, but a coordinate bench of the Patna High Court had already rejected his bail plea on the basis that the quantity involved was commercial. The petitioner sought a fresh consideration of bail, arguing new grounds. The Court examined whether any fresh ground existed to revisit the earlier decision, noting that the same commercial quantity of narcotics remained the factual backdrop. Finding no new material or change in circumstances, the Court upheld the earlier rejection and denied bail. The order was delivered by Justice Ramesh Chand Malviya.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged possession of a commercial quantity of narcotics under the NDPS Act
- Whether any fresh ground exists to reconsider the earlier bail rejection
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 25, 8(c)
Subjects
- NDPS Act
- bail
- commercial quantity
- drug trafficking
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34359 of 2026
Arising Out of PS. Case No.-1259 Year-2024 Thana- Excise P.S. District- Jamui
======================================================
Amol Gaikwad, Male, aged about 41 years old, Son of Narayan Gaekwad @
Narayan, resident of Village- Navi Mumbai Nagar, P.S - Turme, District-
Thane, State - Maharashtra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual modes.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 8(c), 20(b)(ii) (C) and 25
of the NDPS Act, 1985.
3. As per allegation in the FIR, total 469 kgs of ganja
kept in 20 sacks was recovered from the truck bearing
registration no. AS01LC-7519 which was driven by the
petitioner.
4. Earlier, the prayer for bail of this petitioner was
rejected by a co-ordinate Bench of this Court passed in Cr.
Misc. No. 49604 of 2025 vide order dated 19.08.2025 and the
above quantity of ganja was recovered from the possession of
Patna High Court CR. MISC. No.34359 of 2026(2) dt.20-05-2026
2/2
the petitioner which is the commercial quantity, so there is no
fresh ground to reconsider the prayer for bail of this petitioner.
5. Accordingly, the prayer for bail of this petitioner
was again rejected.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U
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