Patna High Court
Md. Sakib @ ChhotanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the magnitude of the drug seizure warranted denial of regular bail.
Summary
The petitioner, Md. Sakib, was arrested in connection with a case where 4.220 kg of ganja was seized from a motorcycle. He was charged under Sections 8(c) and 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner argued that he was falsely implicated, had no narcotics in his possession, and possessed a clean antecedent, seeking regular bail. The State opposed the bail, emphasizing the large quantity of drugs recovered. The Patna High Court, considering the seriousness of the seizure, declined to grant bail and dismissed the application.
Issues considered
- Whether bail should be granted to the accused in a case involving a large seizure of narcotics under the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)B, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- drug seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39742 of 2026
Arising Out of PS. Case No.-153 Year-2026 Thana- OBRA District- Aurangabad
======================================================
Md. Sakib @ Chhotan S/o Md. Hussain Miyan @ Alli Hussain Miyan
Resident of - Islamiyan Mohalla, Obra, P.S - Obra, District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Chandra Bhaskar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Obra
P.S. Case No. 153/2026 registered for the offences punishable
under Sections 8(c), 20(b)(ii)B of Narcotics Drugs and
Psychotropic Substances Act, 1985.
3. As per the prosecution case, 4.220 kg of ganja was
recovered from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that the petitioner claims clean
antecedent and he is in custody since 23.04.2026. The petitioner
undertakes to co-operate in the case/ trial.
Patna High Court CR. MISC. No.39742 of 2026(2) dt.22-06-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the huge recovery, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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