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Patna High Court

Md. Khalis @ Md. Khalis Miya @ Khalis MiyaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail petition was dismissed, and the petitioner was not granted bail.

Summary

The petitioner, Md. Khalis, was charged under Sections 8(c), 20(b)(ii)(C) and 22 of the NDPS Act after 287.55 kg of ganja was seized from co‑accused Kamrul Hoda, who named Khalis as an associate. The petitioner argued that he is innocent, that no incriminating material was found on him, and that the only link is the co‑accused’s confessional statement; he also has no criminal record. The State contended that Khalis is named in the FIR, that a large quantity of narcotics was recovered, and that he has one prior similar offence, thus justifying denial of bail. The court examined the facts, noted the seriousness of the offence and the prior antecedent, and rejected the bail application, directing the trial court to expedite the trial within a year. The order emphasizes the need for speedy disposal given the petitioner’s prolonged custody since September 2025.

Issues considered

  • Whether bail should be granted to the petitioner under the NDPS Act in view of the recovery of a large quantity of narcotics and the petitioner’s prior criminal antecedent.

Legislation cited

Subjects

  • NDPS Act
  • bail
  • drug trafficking
  • confessional statement
  • prior criminal antecedent
  • expeditious trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5422 of 2026

                      Arising Out of PS. Case No.-325 Year-2024 Thana- RAMGARHWA District- East
                                                       Champaran
                 ======================================================
                 Md. Khalis @ Md. Khalis Miya @ Khalis Miya Son of Late Sainullah Miya
                 @ Sanaullah Miyan Resident of village- chandwa, Ps- Ramgadhwa, Dist-
                 East champaran

                                                                                 ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Bimlesh Kumar Pandey, Advocate
                 For the State           :       Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 8(c), 20(b)(ii)(C) and 22 of

                   the N.D.P.S. Act.

                                3. As per prosecution case, 287.55 Kgs of Ganja was

                   recovered from the house of co-accused Kamrul Hoda who

                   disclosed the name of this petitioner as one of his associate.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has committed no offence.

                   Petitioner has falsely been implicated in this case merely on the
Patna High Court CR. MISC. No.5422 of 2026(2) dt.16-02-2026
                                            2/3




          basis of confessional statement of co-accused Kamrul Hoda.

          Save and except confessional statement, there is no material on

          record to show the complicity of this petitioner in alleged

          offence. No incriminating article has been recovered from

          possession of this petitioner. Moreover, charge-sheet has already

          been submitted and petitioner, having no criminal antecedents,

          is in custody since 08.09.2025.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner

          and submitted that petitioner is named in the F.I.R. and huge

          quantity of Ganja was recovered from the house of co-accused

          Kamrul Hoda who disclosed the name of petitioner as his

          associate. Petitioner has got one criminal antecedent of similar

          nature.

                       6. Considering the facts and circumstances of the

          case, recovery of huge quantity of contraband and fact that

          petitioner has got one criminal antecedent of similar nature, the

          prayer for grant of bail to the petitioner is rejected.

                       7. However, considering the fact that petitioner is in

          custody since 08.09.2025, the learned trial court is directed to

          expedite the trial and conclude the same, preferably within a
             Patna High Court CR. MISC. No.5422 of 2026(2) dt.16-02-2026
                                                         3/3




                       period of one year from the date of receipt/production of a copy

                       of this order.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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