Patna High Court
Md. Moddasir @ Md ModassirversusThe State of bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Successive bail applications filed within a short period without a change in circumstances are premature and must be dismissed.
Summary
The petitioner, Md. Moddasir, was charged under Section 8 and Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in a case registered at Sajour Police Station, Bhagalpur. He had earlier applied for regular bail, which was rejected by the court on 30 March 2026. Within four months of that rejection, he filed a second bail application. The Patna High Court examined whether a successive bail application could be entertained without any material change in circumstances. The Court held that the application was premature because successive bail pleas cannot be entertained within a short span absent new facts. Consequently, the bail application was dismissed.
Issues considered
- Whether a successive bail application can be entertained by the court within a few months of an earlier rejection without any change in circumstances.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- premature application
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38863 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- SAJOUR District- Bhagalpur
======================================================
Md. Moddasir @ Md Modassir S/O Md. Mumtaj R/O Waipari Tola,
Mansurpur,Fatehpur, P.S Zero Mile, District Bhagalpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Ms. Priyanka Singh, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with Sajour P.S.
Case No.185 of 2025 registered for the offence under Section 8,
20(b)(ii)(B) of the N.D.P.S. Act.
3. Earlier, the prayer for bail of the petitioner
was rejected vide order dated 30.03.2026 passed in Cr. Misc.
No.89923 of 2025 and the present bail application has been
preferred by the petitioner within four months of its earlier
rejection.
4. In the opinion of this Court, this application
is premature as successive bail applications cannot be
entertained by this Court within few months of earlier rejection
without any change in circumstances.
Patna High Court CR. MISC. No.38863 of 2026(2) dt.07-07-2026
2/2
5. Accordingly, the present application is
hereby dismissed as premature.
(Sandeep Kumar, J)
pawan/-
U
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