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Patna High Court

Md. Saiyed Ali @ Bholka @ Saiyed AliversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing release upon furnishing a bond with two sureties.

Summary

The petitioner, Md. Saiyed Ali, sought bail in a case registered under Sections 8(c) and 21(b) of the NDPS Act, where police recovered 203.87 grams of smack from a co‑accused, Md. Akhtar, after a vehicle check. The petitioner claimed he had no possession of the contraband, was falsely implicated by the co‑accused, and had no prior criminal record, having been in judicial custody since 7 December 2025. The State opposed bail, arguing the seriousness of the offence under the NDPS Act. After hearing both sides, the Court considered the lack of direct evidence against the petitioner and his clean antecedents. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner in an NDPS case under Sections 8(c) and 21(b) when the only evidence is the co‑accused’s statement and no contraband was found on the petitioner.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics
  • criminal procedure
  • presumption of innocence
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12105 of 2026
                      Arising Out of PS. Case No.-121 Year-2025 Thana- ABADPUR District- Katihar
                 ======================================================
                 Md. Saiyed Ali @ Bholka @ Saiyed Ali S/O Md. Farid @ Kuriya @ Furiya
                 @ Farid Resident of village- Naya Tola Belwa, PS- Abadpur, Distt-Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajit Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   23-03-2026                 Heard learned counsel for the petitioner and the learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Abadpur P.S. Case No. 121 of 2025 registered for the offence

                   punishable under Sections 8(c), 21(b) of the NDPS Act.

                                3. The case of the prosecution, in short, is that the

                   police had secret information that smack was being carried by the

                   miscreants and on this information, the police started vehicle

                   checking. It is further alleged that two persons on a bike started

                   fleeing away. They were chased. Further, the case of the

                   prosecution is that one person was apprehended, whereas the other

                   managed to escape. The apprehended person was identified as

                   Md. Akhtar and from his possession, a total of 203.87 grams of

                   smack-like contraband was recovered.
           Patna High Court CR. MISC. No.12105 of 2026(3) dt.23-03-2026
                                                       2/2




                                  4. Learned counsel appearing on behalf of the petitioner

                     has submitted that petitioner is innocent and has committed no

                     offence. He has been falsely implicated in this case. He also

                     submits that the apprehended accused, namely, Md. Akhtar has

                     disclosed the name of this petitioner. Nothing has been recovered

                     from the possession of the petitioner rather, the recovery, if any,

                     has been made from the possession of the co-accused, namely,

                     Md. Akhtar. He further submits that a statement has been made in

                     para 3 of the petition that petitioner has no criminal antecedent

                     and he is languishing in judicial custody since 07.12.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail.          The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                     the like amount each to the satisfaction of the learned Principal

                     District & Sessions Judge, Katihar in connection with Abadpur

                     P.S. Case No. 121 of 2025.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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