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Patna High Court

Md. ImranversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

Md. Imran, the owner of a motorcycle, was made an accused in a case where 166.101 kg of ganja and the motorcycle were seized. He was not named in the FIR nor arrested at the scene, and he has no prior criminal record. He applied for bail, arguing that his only connection to the contraband is ownership of the vehicle. The State opposed bail, emphasizing that the seized quantity is commercial and the FSL report confirms the substance as ganja. The court, after considering the facts, declined to grant bail, rejecting the petitioner's application.

Issues considered

  • Whether bail should be granted to an accused under Sections 20 and 22 of the NDPS Act when the seized narcotic quantity is commercial and the accused's link is merely ownership of the vehicle.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • seizure
  • vehicle ownership
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.83230 of 2025
                    Arising Out of PS. Case No.-63 Year-2025 Thana- Madhusudanpur District- Bhagalpur
                 ======================================================
                 Md. Imran Son of Md. Altamash Choudhary Resident of Village- Dariyapur,
                 P.S.- Sajour, District- Bhagalpur
                                                                         ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Pd. Singh, Sr. Adv.
                                                   Mr. Allama Abdul Quadir Jamal Faridi, Adv.
                 For the State            :        Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   23-02-2026                    Heard Mr. Krishna Pd. Singh, learned senior counsel

                   for the petitioner and learned Additional Public Prosecutor for

                   the State.

                                  2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 20/22 of the N.D.P.S. Act.

                                  3. Total 166.101 kg of Ganja along with one

                   motorcycle were recovered from the place of occurrence. The

                   petitioner is the owner of the seized motorcycle.

                                  4. Learned counsel for the petitioner has submitted

                   that the petitioner has not been named in the First Information

                   Report and was also not arrested on the spot. He was rather

                   made an accused in this case only on account of the fact that he

                   was the owner of the seized motorcycle from which the

                   contraband was recovered. The petitioner is in custody since
             Patna High Court CR. MISC. No.83230 of 2025(4) dt.23-02-2026
                                                         2/2




                       04.05.2025 with no criminal antecedent.

                                    5. Learned APP for the State has opposed the

                       application for bail on the ground that the contraband is of

                       commercial quantity and the FSL Report also indicates that the

                       same is Ganja.

                                        6. Taking into consideration the facts and

                       circumstances of the case, I am not inclined to enlarge the

                       petitioner on bail at this stage. Accordingly, his prayer for bail is

                       rejected in connection Madhusudanpur P.S. Case No. 63 of

                       2025.


                                                 (Soni Shrivastava, J)
devendra/-

U      T


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