Patna High Court
Md. Mofil @ MofilversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c)
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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