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Patna High Court

Dheeraj Kumar @ Dhiraj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied because the seriousness of the offence and the large seizure of ganja outweighed the petitioner's personal circumstances.

Summary

The petitioner, Dheeraj Kumar, was arrested in connection with a case registered under Sections 20(ii)(B), 22, 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after 16.32 kg of ganja was recovered from his brother's house. He applied for regular bail, claiming false implication, no prior criminal record, and willingness to cooperate with the trial. The State opposed bail, arguing that the petitioner was apprehended on the spot and emphasizing the large quantity of narcotics seized. The Court examined the seriousness of the offence and the magnitude of the drug recovery, concluding that these factors outweighed the petitioner's personal circumstances. Consequently, the bail application was dismissed.

Issues considered

  • Whether bail should be granted to the accused in a case involving large quantity of narcotics under the NDPS Act

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug seizure
  • criminal procedure
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92079 of 2025
                       Arising Out of PS. Case No.-68 Year-2025 Thana- Vasudevpur District- Munger
                 ======================================================
                 Dheeraj Kumar @ Dhiraj Kumar S/O Umesh Yadav R/O Village - Mathar,
                 Police Station- Muffasil, District- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Mukherjee, Advocate
                 For the Opposite Party/s :        Mr.Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   24-03-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Basudeopur P.S. Case No. 68/2025 registered for the offences

                   punishable under Sections 20(ii)(B), 22, 25 and 29 of N.D.P.S.

                   Act.

                                3. As per the prosecution case, 16.32 kg of ganja has

                   been recovered from the house of the brother of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further submits that he has no criminal antecedent and

                   he is in custody since 07.07.2025. The petitioner undertakes to

                   co-operate in the case/ trial.

                                5. Learned APP for the State has opposed the prayer
              Patna High Court CR. MISC. No.92079 of 2025(3) dt.24-03-2026
                                                          2/2




                        for regular bail of the petitioner on the ground that petitioner

                        was apprehended on the spot.

                                     6. Considering the huge recovery of ganja, this Court

                        is not inclined to grant bail to the petitioner for the present.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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