Md. Khalis @ Md. Khalis Miya @ Khalis Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5422 of 2026 Arising Out of PS. Case No.-325 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== Md. Khalis @ Md. Khalis Miya @ Khalis Miya Son of Late Sainullah Miya @ Sanaullah Miyan Resident of village- chandwa, Ps- Ramgadhwa, DistEast champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate For the State :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8(c), 20(b)(ii)(C) and 22 of the N.D.P.S. Act.

3. As per prosecution case, 287.55 Kgs of Ganja was recovered from the house of co-accused Kamrul Hoda who disclosed the name of this petitioner as one of his associate.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely on the

Patna High Court CR. MISC. No.5422 of 2026(2) dt.16-02-2026 2/3 basis of confessional statement of co-accused Kamrul Hoda. Save and except confessional statement, there is no material on record to show the complicity of this petitioner in alleged offence. No incriminating article has been recovered from possession of this petitioner. Moreover, charge-sheet has already been submitted and petitioner, having no criminal antecedents, is in custody since 08.09.2025.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is named in the F.I.R. and huge quantity of Ganja was recovered from the house of co-accused Kamrul Hoda who disclosed the name of petitioner as his associate. Petitioner has got one criminal antecedent of similar nature.

6. Considering the facts and circumstances of the case, recovery of huge quantity of contraband and fact that petitioner has got one criminal antecedent of similar nature, the prayer for grant of bail to the petitioner is rejected.

7. However, considering the fact that petitioner is in custody since 08.09.2025, the learned trial court is directed to expedite the trial and conclude the same, preferably within a

Patna High Court CR. MISC. No.5422 of 2026(2) dt.16-02-2026 3/3 period of one year from the date of receipt/production of a copy of this order.

(Prabhat Kumar Singh, J) shashank/- U T