Patna High Court
Md. RamjanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
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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