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Patna High Court

Dhiraj Kumar @ Dhiraj Jaiswal @ Dhiraj Kumar JaiswalversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The petitioner is not entitled to bail as prima facie evidence shows possession of an intermediate quantity of narcotics and a history of habitual offending.

Summary

The petitioner, Dhiraj Kumar, was arrested in June 2023 for alleged possession of 1.610 kg of charas-like substance, a country-made pistol with live cartridges, and a mobile phone. He sought bail, claiming innocence, lack of a forensic report, and that the seized items did not belong to him. The State opposed bail, highlighting the intermediate quantity of narcotics, the petitioner’s involvement in 18 prior criminal cases, including a similar NDPS case, and labeling him a habitual offender. The Court examined the prima facie evidence of conscious possession and the petitioner’s criminal antecedents. Considering the nature and quantity of the narcotic, the habitual offender status, and the societal impact, the Court concluded that bail was not warranted at this stage and rejected the bail application.

Issues considered

  • Whether bail should be granted in a case involving alleged possession of an intermediate quantity of charas and related offenses.
  • Whether the absence of a forensic laboratory report on the seized substance precludes continued detention.
  • Whether the petitioner’s extensive criminal record and prior similar NDPS case justify denial of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • intermediate quantity
  • habitual offender
  • narcotics possession
  • Arms Act
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6849 of 2026
                     Arising Out of PS. Case No.-152 Year-2023 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
                 Dhiraj Kumar @ Dhiraj Jaiswal @ Dhiraj Kumar Jaiswal S/O Dinesh Prasad
                 R/O Vill.- Musachak, P.S- Bairgania, Dist- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anil Kumar, Advocate
                 For the Opposite Party/s :        Mr.Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Bairganiya PS Case No. 152 of 2023 dated 21-06-2023,

                   instituted for the offence punishable under Sections 399, 402

                   and 414 of the Indian Penal Code, Sections 8/ 20(b)(ii)(c) of the

                   Narcotic Drugs and Psychotropic Substances Act, 1985 (for

                   short ‘the N.D.P.S. Act’) and Sections 25(1-b)a/26/35 of the

                   Arms Act.

                                3. The allegation is of recovery of 1.610 kg of Charas

                   like substance, a country-made pistol with three live cartridges,

                   and a mobile phone from the possession of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.6849 of 2026(2) dt.04-02-2026
                                            2/3




          instant case. It is further submitted that the petitioner has no

          concern with the alleged offence or the recovered charas-like

          substance and the seized articles do not belong to him. It is next

          submitted that till date no F.S.L. report has been produced or

          received to ascertain the nature of the alleged contraband. In the

          absence of such report, the continuation of the petitioner in

          custody merely on the basis of a suspected contraband-like

          substance allegedly recovered from the car from which the

          petitioner was apprehended along with other co-accused, is

          unsustainable in law. The petitioner has been in custody since

          22.06.2023 and has 18 criminal cases pending against him, out

          of which Bairganiya P.S. Case No. 190 of 2021 dated

          06.09.2021, under Section 8/20(b)(i)B of the NDPS Act, is of

          similar nature.

                       5. Learned counsel for the State vehemently opposed

          the prayer for bail and submits that 1 kg 610 gm of charas like

          substance has allegedly been recovered from the possession of

          the petitioner. It is further submitted that the petitioner is

          involved in 18 criminal cases, including Bairganiya P.S. Case

          No. 190 of 2021 dated 06.09.2021 under Sections 8/20(b)(i)B of

          the NDPS Act of similar nature, clearly demonstrating that the

          petitioner is a habitual offender engaged in the trade of
           Patna High Court CR. MISC. No.6849 of 2026(2) dt.04-02-2026
                                                       3/3




                     prohibited narcotic substances such as charas. Learned counsel

                     further submits that the petitioner’s activities are harmful to

                     society, particularly to the youth, and that drug trafficking has

                     serious and damaging effects on the community.

                                  6. Having regard to the facts and circumstances of the

                     case and after hearing learned counsel for the parties and from

                     perusal of the record, it prima facie appears that the petitioner

                     was found in conscious possession of 1 kg 610 gm of charas-

                     like substance, which is more than small quantity but less than

                     commercial quantity, i.e., intermediate quantity. The materials

                     further indicate that the petitioner is a habitual offender with a

                     similar case pending against him, reflecting a consistent history

                     of criminal behavior that cannot be ignored.

                                  7. Considering the nature of accusation, quantity

                     involved, criminal antecedents, and the serious societal impact

                     of narcotic offences, this Court is of the considered opinion that

                     the petitioner does not deserve bail at this stage.

                                  8. Accordingly, the prayer for bail is rejected.



                                                  (Khatim Reza, J)
shyambihari/-

U


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