Patna High Court
Md. ModdasirversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted in view of the seriousness of the offence and the quantity of narcotics seized.
Summary
The petitioner, Md. Moddasir, was arrested in Bhagalpur after police intercepted his vehicle and recovered 11.107 grams of ganja. He was charged under Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner filed an application for regular bail before the Patna High Court, arguing that the quantity seized was relatively small. The State opposed the bail, and the court examined the nature of the offence, the amount of contraband, and the material on record. The court concluded that given the seriousness of the charge and the quantity involved, bail could not be granted. Consequently, the application for regular bail was rejected, with the court noting that its observations were prima facie and would not affect the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for possession of 11.107 grams of ganja
- Whether the nature and quantity of the contraband justify denial of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- possession of narcotics
- regular bail
- criminal procedure
- drug offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89923 of 2025
Arising Out of PS. Case No.-185 Year-2025 Thana- Sajore District- Bhagalpur
======================================================
Md. Moddasir S/o Md. Mumtaj R/o Waipari Tola, Mansurpur, Fatehpur, P.S.-
Zero Mile, Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjum Perveen
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 30-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Sajour P.S. Case No. 185 of 2025 registered for the offence
under Sections 8, 20(b)(ii) (B) of the NDPS Act.
3. The petitioner is named in the FIR, with specific
allegations that upon being intercepted by the police, a total of
11.107 grams of ganja was recovered from his vehicle. The
petitioner is in custody since 10.11.2025. The FSL report
confirms that the recovered substance is ganja.
4. Considering the nature of the allegation, the
quantity of contraband recovered, and the materials available on
record, this Court is not inclined to grant bail to the petitioner.
5. Accordingly, this application for regular bail stands
Patna High Court CR. MISC. No.89923 of 2025(4) dt.30-03-2026
2/2
rejected.
6. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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