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Patna High Court

Mijnor Ali @ Mijanur Ali MianversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted to the petitioners.

Summary

The petitioners, Mijnor Ali and Abdul Rasid, sought anticipatory bail fearing arrest in a Purnia police case (No.80 of 2022) involving alleged offences under Sections 8, 20(b)(ii)(c), 25 and 29 of the NDPS Act. The prosecution alleged that 143.5 kg of ganja was recovered and that the petitioners, one being the driver of the pickup from which the drugs were seized, were involved in the offence. The High Court examined the seriousness of the charge and the large quantum of narcotics seized. Considering the gravity of the offence, the Court declined to grant anticipatory bail. The application for anticipatory bail was dismissed and the petitioners were ordered to surrender within four weeks to apply for regular bail, failing which they would be arrested.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in a case involving large‑scale drug seizure under the NDPS Act.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • drug trafficking
  • bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80839 of 2025
                       Arising Out of PS. Case No.-80 Year-2022 Thana- DAGARUA District- Purnia
                 ======================================================
           1.     Mijnor Ali @ Mijanur Ali Mian S/o Chhapati Ali R/o Najir Haat, P.S.-
                  Sahebganj, Distt.- Kuch Bihar, W.B.
           2.    Abdul Rasid Mia @ Abdul Rasid Mian S/o Ambej Ali R/o Kumarganj Purv,
                 Shikarpur, P.S.- Sahebganj, Distt.- Kuch Bihar, W.B.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Priyesh Kumar
                 For the Opposite Party/s :        Mr.Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-03-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2.         The petitioners apprehend their arrest in

                   connection with Dagarua P.S. Case No. 80 of 2022 registered

                   for the offence under Sections 8/20(b)(ii)(c)/25,29 of the NDPS

                   Act.

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

                   143.500 Kg of Ganja.

                                   4. The name of the petitioners has transpired in

                   this case during investigation. The petitioner no. 01 is the driver

                   of the pick-up from which the recovery has been made and both

                   the petitioners are involved in the alleged offence.
          Patna High Court CR. MISC. No.80839 of 2025(4) dt.10-03-2026
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                                    5. Considering the quantum of recovery, this Court

                    is not inclined to grant anticipatory bail to the petitioners.

                                     6.    Accordingly, this application for anticipatory

                    bail is dismissed.

                                     7. The petitioners are directed to surrender in the

                    Court below within four weeks from today and pray for regular

                    bail failing which the Superintendent of Police, Purnia will take

                    all steps for arrest of the petitioners.

                                    8.     Let a copy of this order this order be

                    communicated to the Superintendent of Police, Purnia through

                    FAX for its compliance.



                                                        (Sandeep Kumar, J)
Vikas/-

U


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