Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail could not be granted and dismissed the petitioner's bail application.
Summary
The petitioner, Niraj Kumar, was arrested on 25 August 2024 and alleged to have been found in possession of 120 kg of ganja. He was charged under Sections 8 and 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner applied for regular bail, which was first rejected by the Patna High Court on 14 May 2025. He made a second bail application, arguing that the earlier order should be reviewed. The Court, noting the large quantity of narcotics recovered and that the charge had already been framed, declined to revisit its earlier decision and dismissed the bail application. Consequently, the petitioner remains in custody.
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 (120 kg) has been seized.
- Whether the earlier order refusing bail can be reviewed in a subsequent application.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
Subjects
- NDPS Act
- regular bail
- drug trafficking
- quantum of narcotics
- charge framed
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80496 of 2025
Arising Out of PS. Case No.-304 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Niraj Kumar S/O Late Sitaram Rai R/O Goriyara, P.O- Mansurpur
Chamruwa, P.S- Panapupr, (Kanti) O.P., Distt.- Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Mohd Rustam Hussain, Advocate
For the Opposite Party : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with
Runnisaidpur P.S. Case No.304 of 2024 registered for the
offence under Sections 8, 20(b)(ii)(c) of the NDPS Act.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 14.05.2025 passed in Criminal
Miscellaneous No.22859 of 2025. The aforesaid order dated
14.05.2025 reads as under:-
“Heard the learned senior counsel
for the petitioner and learned APP for the
State.
2. The petitioner, who is in custody
since 25.08.2024, seeks regular bail in
connection with Runnisaidpur P.S. Case
No. 304 of 2024 registered for the offence
Patna High Court CR. MISC. No.80496 of 2025(3) dt.25-02-2026
2/2
under Sections 8, 20(b)(ii)(c) of the NDPS
Act.
3. As per the prosecution case, 120
Kg of ganja was recovered from the
possession of the petitioner.
4. Considering the huge recovery of
ganja from the petitioner, I am not inclined
to grant bail to the petitioner. Accordingly,
this application for regular bail is hereby
rejected..”
4. Considering the quantum of recovery of
ganja, which is alleged to have been recovered from the
petitioner and also the fact that the charge has been framed in
the case, I am not inclined to review my earlier order dated
14.05.2025. Accordingly, this bail application is dismissed.
(Sandeep Kumar, J)
pawan/-
U T
Checking your session…