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Patna High Court

Md. RamjanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that regular bail could not be granted to the petitioner in view of the circumstances of the case.

Summary

The petitioner, Md. Ramjan, applied for regular bail in a case registered under Sections 8 and 20(b)(ii)(c) of the NDPS Act, where 193 kg of ganja and Rs. 5,19,435 were recovered from him and co‑accused. He claimed innocence, arguing that the narcotics were not in his conscious possession and pointed to the bail granted to two co‑accused by a coordinate bench. The State opposed the bail, emphasizing the large quantity of drugs and cash involved. The Court examined the submissions and found that the volume of narcotics could not plausibly be possessed by a single accused, concluding that the petitioner posed a flight and tampering risk. Consequently, the Court rejected the regular bail application and directed the lower court to expedite the trial.

Issues considered

  • Whether regular bail can be granted to an accused under Sections 8 and 20(b)(ii)(c) of the NDPS Act when a large quantity of narcotics and cash have been recovered.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics
  • regular bail
  • large quantity of drugs
  • trial expedite
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78429 of 2025
                      Arising Out of PS. Case No.-95 Year-2024 Thana- MAHALGAON District- Araria
                 ======================================================
                 Md. Ramjan Son of Late Md. Salim @ Md. Alim Resident of Village- Ward
                 no.-5, Lahthaura, P.S.- Araria, District-Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Kumar Singh
                 For the Opposite Party/s :       Dr. Ajeet Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   16-02-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Mahalgaon P.S. Case No. 95 of 2024 registered for the offence

                   under Sections 8, 20(b)(ii)(c) of the NDPS Act.

                                3. As per the prosecution case, there is recovery of

                   193 Kg of ganja and cash of Rs. 5,19,435/- from the petitioner

                   and other co-accused.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 12.09.2024. He further submits

                   that the alleged recovery of ganja has not been made from the

                   conscious possession of the petitioner, therefore, he may be

                   granted bail. He further submits that two co accused have been
            Patna High Court CR. MISC. No.78429 of 2025(4) dt.16-02-2026
                                                        2/2




                      granted bail by a co-ordinate Bench of this Court.

                                   5. Learned A.P.P. for the State has vehemently

                      opposed the prayer for bail.

                                   6. I have considered the submissions of the parties. I

                      am not convinced with the argument of the learned counsel for

                      the petitioner. 193 Kg of ganja has been recovered from the

                      accused persons which cannot be kept personally by one of the

                      accused and moreover a huge amount of money has also been

                      recovered.

                                   7. Considering the aforesaid facts, this Court is not

                      inclined to grant regular bail to the petitioner. Accordingly, this

                      application for regular bail stands rejected.

                                   8. The Court below is directed to expedite the trial.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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