Patna High Court
Md. Saiyed Ali @ Bholka @ Saiyed AliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
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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