Patna High Court

Biso Mukhiya @ Visho Mukhiya @ Vishwanath MukhiyaversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied because the quantity of ganja recovered indicated the seriousness of the offence.

Summary

The petitioners, Biso Mukhiya and Santosh Mukhiya, sought anticipatory bail fearing arrest in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The FIR alleged that 182.360 kg of ganja was seized from a bush, and three persons arrested on the spot identified the petitioners as associates. The petitioners were charged under Sections 8, 20(b)(ii)(c) and 29 of the NDPS Act. The court considered the large quantity of narcotics recovered as a factor indicating seriousness of the offence. It held that the gravity of the case warranted denial of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the NDPS Act given the large quantity of narcotics seized

Legislation cited

Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 29, 8

Subjects

anticipatory bail
NDPS Act
drug trafficking
large quantity seizure
bail rejection

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.361 of 2026
                          Arising Out of PS. Case No.-51 Year-2025 Thana- Bhimnagar District- Supaul
                    ======================================================
              1.     Biso Mukhiya @ Visho Mukhiya @ Vishwanath Mukhiya Son of Late
                     Devnarayan Mukhiya R/o Village-Sahewan Ward No 06, P.S-Ratanpura,
                     District-Supaul
              2.     Santosh Mukhiya @ Santosh Kumar Son of Biso Mukhiya @ Visho
                     Mukhiya @ Vishwanath Mukhiya R/o Village-Sahewan Ward No 06, P.S-
                     Ratanpura, District-Supaul
                                                                          ... ... Petitioner/s
                                                 Versus
                    The State of Bihar
                                                                   ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :        Mr.Pawan Kumar
                    For the Opposite Party/s :        Mr.Kumar Veerendra Narayan
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      21-01-2026                   Heard learned counsel for the petitioners and learned

                      A.P.P for the State.

                                   2. The petitioners apprehend their arrest in a case,

                      registered for offence punishable under Sections 8, 20(b)(ii)(c),

                      29 of the N.D.P.S. Act.

                                   3. As per F.I.R., total 182.360 kg. of Ganja was

                      recovered from bush and three persons were apprehended on

                      spot, who disclosed the name of petitioners, as their associates.

                                   4. Considering the quantity of recovery, prayer for

                      anticipatory bail of petitioners is rejected.



                                                      (Prabhat Kumar Singh, J)
anay

U        T

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