Ekram Mian @ Md. Ekram @ Ikram Miyan @ Md. Ikram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11226 of 2026 Arising Out of PS. Case No.-322 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== Ekram Mian @ Md. Ekram @ Ikram Miyan @ Md. Ikram S/o Kamaruddin Miya @ Manjur Miya R/o Village- Belhiya, Sigasani Tola (Binvaliya), PSRamgarhwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudrank Shivam Singh, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-04-2026 Heard Mr. Rudrank Shivam Singh, learned counsel for the petitioner and Mr. Pawan Kumar Chaurasia, learned APP for the State.

2. Petitioner seeks bail who is in custody since 08.09.2025 in connection with Ramgharwa P.S. Case No. 322 of 2024, FIR dated 17.12.2024 for the offences punishable under Sections 8(C), 20(B)ii C & 22 of the N.D.P.S. Act.

3. The case relates to recovery of 203.800 Kgs. of Ganja.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. Learned counsel for the petitioner further submits that from perusal of the F.I.R. as well as seizure list that nothing

Patna High Court CR. MISC. No.11226 of 2026(3) dt.02-04-2026 2/3 incriminating article has been recovered from the possession of the petitioner and co-accused, namely, Munaf Miya @ Monaf Miya has been granted bail by a Coordinate Bench of this Court vide order dated 24.02.2026 passed in Cr. Misc. No. 4376 of 2026 and the petitioner is in custody since 08.09.2025.

5. Learned Additional Public Prosecutor, on the other hand, on the basis of material available on record and case diary, vehemently opposed the prayer for bail of the petitioner and submits that altogether 203 Kgs. 800 grams of ganja was recovered from the bus in question and the recovered contraband is more than the commercial quantity, so there is embargo under Section 37 of the N.D.P.S. Act and apart from aforesaid the petitioner carries one more case of similar nature other than the present one.

6. The grant of bail in NDPS cases where the recovery of commercial quantity of narcotic is alleged is circumscribed under Narcotic Drugs and Psychotropic Substance Act, 1985, Section 37 which says that before grant of bail, the Court must have reason to believe that petitioner has not committed the offence and in the event of release he would not commit similar offence.

7. The issue was considered by the Hon'ble Supreme

Patna High Court CR. MISC. No.11226 of 2026(3) dt.02-04-2026 3/3 Court in the case of State of Kerala and Ors. Vs. Rajesh and Ors. reported in (2020) 12 SCC, 122 as well as in the case of Narcotic Control Bureau Vs. Mohit Aggarwal reported in AIR 2022 SC 3444 and Union of India vs. Ajay Kumar Singh @ Pappu reported in 2023 SCC OnLine SC 3456 dated 28.03.2023.

8. The recovery of huge quantity of Ganja recovered would not justify that the petitioner had no knowledge of the narcotic nor there is any material to substantiate that the petitioner would not commit such offence in the event of release.

9. Hence, I am not inclined to enlarge the petitioner on bail in connection with Ramgharwa P.S. Case No. 322 of 2024, pending in the Court of learned Sessions Judge/Special Judge, East Champaran at Motihari.

10. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T