Patna High Court
Munaf Miya @ Monaf MiyaversusState of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner in view of the absence of incriminating material and procedural lapses.
Summary
Munaf Miya petitioned for bail in an NDNDPS case involving the alleged transport of 203.8 kg of ganja on a bus intercepted by police. The prosecution alleged that the bus driver disclosed the contraband was concealed on the instruction of the owner, and 18 packets were seized. The petitioner argued he was never named in the FIR, his name appeared only through a self‑confessional statement in a separate case, and no narcotic material was found in his possession; he was not arrested at the scene and has been in custody since May 2025 with a prior criminal record. The State opposed bail, but the court noted the lack of incriminating evidence against the petitioner and non‑compliance with Sections 42 and 50 of the NDPS Act. Consequently, the court granted bail on a cash bond of Rs.15,000 with two sureties and imposed conditions of family surety and regular court appearances.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act when no material is recovered from his possession and he was not named in the FIR.
- Whether the provisions of Sections 42 and 50 of the NDPS Act have been complied with in the present case.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 22, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- drug trafficking
- self‑confessional statement
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4376 of 2026
Arising Out of PS. Case No.-322 Year-2024 Thana- RAMGARHWA District- East
Champaran
======================================================
Munaf Miya @ Monaf Miya S/o Ashik Miyan R/o Vill- Belahiya, P.S.-
Ramgadhwa, Distt- East Champaran
... ... Petitioner/s
Versus
State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with NDPS
Case No. 78 of 2025, arising out of Ramgharwa PS Case No.
322 of 2024 instituted for the offences under Sections 8(c),
20(b)(ii)(c) & 22 of the NDPS Act.
3. The prosecution case, in short, is that on
17.12.2024, on receiving secret information from SSB 71
Battalion regarding transportation of ganja in Bus No. BR1AP-
3987 via the Raxaul–Raghunathpur route, a raiding team along
with a deputed Magistrate intercepted the said bus near
Hanuman Mandir Chowk, Ramgarhwa, apprehended the driver
– Lalbabu Mian who allegedly disclosed that the ganja was
Patna High Court CR. MISC. No.4376 of 2026(3) dt.24-02-2026
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concealed in the bus on the instruction of owner Ekram Mian
for delivery to Sugauli, and upon search in presence of the
Magistrate recovered 18 packets of ganja-like substance
weighing a total of 203.800 Kg.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet been submitted in this case.
Petitioner is not even named in the FIR. Name of the petitioner
has surfaced in this case on the basis of his self-confessional
statement recorded in connection with Ramgarhwa PS Case No.
325 of 2024. No incriminating material has been recovered from
the conscious possession of the petitioner, which is evident from
perusal of the FIR as well as seizure list. Petitioner was not even
arrested on the spot. Learned counsel for the petitioner further
submits that petitioner has no concern with the recovered
contraband and as per allegation, he allegedly was labour who
loaded the consignment on the bus. The petitioner is in custody
since 06.05.2025 and has got one criminal antecedent. There is
no compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.4376 of 2026(3) dt.24-02-2026
3/3
of the case, taking into account the fact that petitioner was not
even arrested on the spot and his name has surfaced in this case
on the basis of his self-confessional statement as also nothing
has been recovered either from his physical or conscious
possession and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with NDPS Case No. 78
of 2025, arising out of Ramgharwa PS Case No. 322 of 2024,
subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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