Patna High Court
Aurangjeb khanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that no fresh ground existed to grant bail and therefore the bail petition was dismissed.
Summary
The petitioner, Aurangjeb Khan, was arrested in connection with a NDNDPS case involving the alleged possession of contraband beyond commercial quantity. He applied for regular bail, citing his prolonged judicial custody since November 2024 and pointing to the grant of bail to a co‑accused in a similar case. The court noted its earlier order rejecting bail on the basis of the large quantity of narcotics recovered and the need to expedite trial. The State opposed the bail, arguing there were no new grounds to revisit the earlier decision. Finding no fresh material to justify a change in stance, the court again denied bail and directed the lower court to fast‑track the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the recovery of contraband beyond commercial quantity
- Whether any fresh ground exists to entertain a fresh bail application
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(C), 23(C), 25, 29, 8
Subjects
- bail
- NDPS Act
- Bharatiya Nyaya Sanhita
- regular bail
- contraband
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40396 of 2026
Arising Out of PS. Case No.-504 Year-2024 Thana- PAHARPUR District- East Champaran
======================================================
Aurangjeb khan Son of Lal babu khan Resident of village - Maduaha, P.S.-
Nautan, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Paharpur
P.S. Case No. 504 of 2024 (NDPS Case No. 59 of 2025)
instituted for the offences under Sections 111(3) of the
Bharatiya Nyaya Sanhita, 2023 and Section 8, 20(b)(ii)(C),
23(C), 25 and 29 of the NDPS Act.
3. Earlier, vide order dated 17.09.2025 passed in Cr.
Misc. No. 67677 of 2025, regular bail of the petitioner was
rejected by this Court considering the recovery of contraband
beyond commercial quantity with direction to the learned court
below to expedite the trial and conclude the same expeditiously.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 13.11.2024
Patna High Court CR. MISC. No.40396 of 2026(2) dt.19-06-2026
2/2
without any rhymes or reason. He further submits that co-
accused Ravi Kumar Dubey @ Rabi Dube has been granted
regular bail by this Bench vide order dated 05.08.2025 passed in
Criminal Miscellaneous No. 22105 of 2025.
5. Learned APP for the State opposes the prayer for
grant of bail.
6. There is no fresh ground to consider the bail petition
of the petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously.
(Rudra Prakash Mishra, J)
manish/-
U T
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