Patna High Court
Md. Najir @ Najir @ Mohammad NazirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 37, 8
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
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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.
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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
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petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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