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Patna High Court

Anura Miyan @ Anura Mian @ Anuar Mian @ Anura Miah @ Miyan @ BaittaversusThe Union of India through Narcotics Control Bureau, Patna

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that the petitioner is not entitled to regular bail at this stage of the proceedings.

Summary

The petitioner, a truck driver, was arrested in connection with the recovery of 547 kg of ganja and charged under Sections 20(b)(ii)(c), 25 and 29 of the NDPS Act. He filed a petition for regular bail, claiming he had no conscious possession of the narcotics and was falsely implicated. The Narcotics Control Bureau opposed bail, stating that all prosecution witnesses had been examined and the trial was nearing its conclusion. The court noted the seriousness of the offence and the advanced stage of the trial, and consequently rejected the bail petition. The petitioner remains in custody.

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act given the nature of the offence and the stage of the trial
  • Whether the absence of conscious possession on the part of the petitioner is sufficient to merit bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug trafficking
  • regular bail
  • conscious possession
  • trial stage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51417 of 2025
                   Arising Out of PS. Case No.-5 Year-2022 Thana- N.C.B (GOVERNMENT OFFICIAL)
                                                    District- Begusarai
                 ======================================================
                 Anura Miyan @ Anura Mian @ Anuar Mian @ Anura Miah @ Miyan @
                 Baitta S/o- Irshad Miya Village - Kupilong P. S. - Killa Dist. - Gomati (South
                 Tripura)

                                                                           ... ... Petitioner/s
                                                   Versus
                 The Union of India through Narcotics Control Bureau, Patna Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Dilip Kumar Roy
                 For the Opposite Party/s :    Mr.Dr. Krishna Nandan Singh, Sr. Adv. (ASG)
                                               Mr. Manoj Kr. Singh, Adv.
                                               Mr. Ankit Kumar, Singh, JC
                                               Mr. Prabhat Kumar, Adv.
                                               Mr. Sanjay Kumar Singh, Adv.
                 For the State            :    Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

6   08-01-2026                   Heard the learned counsel for the petitioner as well as

                   the learned Additional Public Prosecutor for the State.

                                 2. The petitioner is seeking regular bail in connection

                   with NDPS Case No. 06 of 2022 (Arising out of NCB Case No. 05

                   of 2022), registered for the offences punishable under Sections

                   20(b) (ii) (c), 25, 29 of the NDPS Act.

                                 3. As per allegation, 547 kilograms of ganja was

                   recovered from the truck. The petitioner is alleged to be the driver

                   of the said truck and another person namely Jawahar Sah was

                   sitting in the truck.

                                 4. The learned counsel for the petitioner has submitted
           Patna High Court CR. MISC. No.51417 of 2025(6) dt.08-01-2026
                                                       2/2




                     that the petitioner is innocent and has falsely been implicated in

                     this case. Nothing was recovered from his conscious possession of

                     the petitioner. The petitioner has been in custody since 31.01.2022.

                                  5. On the other hand, the learned counsel for the NCB

                     has opposed the prayer for bail and submitted that all the

                     prosecution witnesses have been examined.

                                  6. The trial is on the verge of its conclusion and hence

                     I do not think it proper to release the petitioner on bail.

                                  7. Accordingly, this petition is rejected.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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