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Patna High Court

Md. Mofil @ MofilversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied as no new ground was raised and the trial is in progress.

Summary

The petitioner, Md. Mofil, was arrested in connection with a case under Sections 21(c) and 22(c) of the NDPS Act, alleging possession of contraband beyond commercial quantity. He applied for regular bail, which had previously been denied by a coordinate bench of the Patna High Court. The petitioner argued that he had been in judicial custody since 10‑12‑2024 without any criminal antecedent and that there were no new grounds for bail. The State opposed the bail, emphasizing that the trial is ongoing, four witnesses have already been examined, and charges have been framed. The Court found no fresh material or change in circumstances and therefore rejected the bail petition, directing the trial court to conclude the trial within three months, after which the petitioner may re‑apply for bail.

Issues considered

  • Whether bail can be granted in an NDPS case where the contraband exceeds commercial quantity and the trial is ongoing.
  • Whether the petitioner has raised any new ground justifying a fresh bail order.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 21(c)
  • Section 22(c)
  • contraband
  • commercial quantity
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.89596 of 2025
                        Arising Out of PS. Case No.-93 Year-2024 Thana- Sri Nagar District- Purnia
                 ======================================================
                 Md. Mofil @ Mofil Son of Md. Khalil Resident of Village- Kadgama, Ward
                 No. 08, P.S.- Srinagar, District- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjay Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                           2.      The petitioner seeks bail in connection with

                   Srinagar P.S. Case No. 93 of 2024, instituted for the offences

                   under Sections 21(c) and 22(c) of the NDPS Act.

                           3.      This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected by a co-ordinate Bench of this Court

                   vide order dated 13.05.2025 passed in Cr. Misc. No. 6937 of

                   2025 taking into account the facts and circumstances of the case

                   and the recovery of contraband is beyond commercial quantity.

                           4.      On perusal of the impugned order, it appears that

                   the trial is in progress and four witnesses have been examined in
             Patna High Court CR. MISC. No.89596 of 2025(2) dt.13-01-2026
                                                         2/2




                       this case. It is further mentioned in the order that charge has

                       already been framed against the petitioner.

                               5.      Learned counsel for the petitioner submits that the

                       petitioner is languishing in judicial custody since 10.12.2024

                       without any rhymes or reason and has got no criminal

                       antecedent.

                               6.      Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                               7.      There is no new ground to consider the bail petition

                       of the petitioner. From the impugned order, it appears that the

                       trial is going on.

                                8.     In view of the above, the prayer for bail of the

                       petitioner is again rejected with a direction to the court below to

                       expedite the trial and conclude the same preferably within a

                       period of three months from today. If the trial is not concluded

                       within the period of three months, as stated above, the petitioner

                       will be at liberty to renew his prayer before the court below.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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