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Patna High Court

Md. Najir @ Najir @ Mohammad NazirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Md. Najir, was arrested in connection with the recovery of 27 kg of ganja from a motorcycle he owned, and charged under Sections 8 and 20(b)(ii)(c) of the NDPS Act. An earlier application for regular bail was denied, but a co‑accused later obtained bail after the Supreme Court’s decision in Ankur Chaudhary v. State of Madhya Pradesh was considered. The petitioner’s counsel argued that the same principles should apply, emphasizing the petitioner’s clean antecedent, lack of direct involvement in the contraband, and the fact that a co‑accused had been released. The State opposed the bail, citing the statutory bar under Section 37 of the NDPS Act. The Court, noting the co‑accused’s bail, the petitioner’s better footing, and the absence of material indicating guilt, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the bar under Section 37 of the NDPS Act.
  • Whether the Supreme Court precedent in Ankur Chaudhary v. State of Madhya Pradesh is applicable to the petitioner’s case.
  • Whether the petitioner’s clean antecedent and the bail granted to a co‑accused justify granting bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 37
  • co‑accused bail
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72712 of 2025
                        Arising Out of PS. Case No.-40 Year-2024 Thana- FULKAHA District- Araria
                 ======================================================
                 Md. Najir @ Najir @ Mohammad Nazir S/o IIiyas Miyan @ Luyash Miyan
                 @ Iliyas, R/o Village- Ghurna Pathraha, Ward No. 12, P.S.- Ghurna, District-
                 Araria.

                                                                                     ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kumar Ravish, Advocate
                                                   Mr. Sanjay Kumar Sharma, Advocate
                                                   Mr. Rohit Kumar, Advocate
                 For the Opposite Party/s :        Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   17-01-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                    2. The is the second attempt of the petitioner to

                   seek regular bail. Earlier the petitioner had approached this

                   Court for grant of regular bail in Cr. Misc. No. 5525 of 2025

                   which was rejected vide order dated 17.03.2025.

                                    3. The petitioner seeks bail in connection with

                   Fulkaha P.S. Case No. 40 of 2024 dated 22.03.224, registered

                   for the offences punishable under Sections 8 and 20(b)(ii)(c) of

                   the NDPS Act.

                                    4. As per the prosecution case, recovery of twenty-

                   seven kilograms of ganja was made from a motorcycle driven
Patna High Court CR. MISC. No.72712 of 2025(3) dt.17-01-2026
                                            2/4




          by the co-accused on which another co-accused was pillion

          riding. The name of the petitioner transpired in this case as he is

          said to be the registered owner of the motorcycle from which

          the recovery of ganja has been made

                          5. Learned counsel appearing on behalf of the

          petitioner submits that fresh ground for seeking bail in the

          present case after prayer of rejection by a co-ordinate Bench is

          that the co-accused who was apprehended carrying ganja on

          motorcycle has been granted bail by a co-ordinate Bench and

          case of the petitioner is on much better footing. Learned counsel

          further submits that though the prayer for bail of the co-accused

          was rejected earlier, subsequently vide order dated 19.09.2025

          passed in Cr. Misc. No. 3559 of 2025, the learned co-ordinate

          Bench taking into consideration the Hon’ble Supreme Court in

          the case of Ankur Chaudhary v. State of Madhya Pradesh

          reported in 2024 SCC OnLine SC 2730                  granted him bail

          despite the bar of Section 37 of the NDPS Act, considering the

          delay in conclusion of trial. Learned counsel also submits that

          this petitioner is in custody since 18.10.2024 without any

          specific allegation of dealing with the contraband. Learned

          counsel lastly submits that petitioner is having clean antecedent

          and charges have been framed against the petitioner.
Patna High Court CR. MISC. No.72712 of 2025(3) dt.17-01-2026
                                            3/4




                          6. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          7. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          grant of bail to other co-accused person and further considering

          the better footing of this petitioner compared to the co-accused

          who has been granted bail and also considering clean antecedent

          of the petitioner and absence of material to show the guilt of the

          petitioner, the petitioner, above-named, is directed to be released

          on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned Principal District and Sessions Judge,

          Araria / concerned Court, in connection with Fulkaha P.S. Case

          No. 40 of 2024, subject to the condition laid down under

          Section 480(3) of the B.N.S.S. and other following conditions:

                          (i) One of the bailors will be a close relative of the

          petitioner.

                          (ii) The petitioner will remain present on each and

          every date fixed by the court below, if so required by the learned

          trial Court.

                          (iii) In case of absence on three consecutive dates

          or in violation of the terms of the bail, the bail bond of the
          Patna High Court CR. MISC. No.72712 of 2025(3) dt.17-01-2026
                                                      4/4




                    petitioner will be liable to be cancelled by the Court concerned.



                                                                  (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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