Patna High Court
Dheeraj Kumar @ Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(ii)(B), 22, 25, 29
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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