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Patna High Court

Qurban Ansari @ Md. Qurban @ Md. Qurban AnsariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the seizure of a large quantity of narcotics from the petitioner’s house, coupled with his serious criminal antecedents, did not satisfy the criteria for bail under the NDPS Act.

Summary

Petitioner Md. Qurban Ansari applied for anticipatory bail after the police seized 365 liters of codeine syrup from his house in connection with a case under Section 21(c) of the NDPS Act. The prosecution alleged that the seizure was linked to the petitioner, while his counsel argued that the drugs were not in his conscious possession and thus could not be attributed to him. The State highlighted the petitioner’s prior criminal record, including offences under Sections 376 and 392 of the IPC, and emphasized the large quantity of narcotics recovered. The court examined the relevance of the seizure location, the petitioner’s antecedents, and the statutory criteria for granting anticipatory bail. Considering the seriousness of the offence, the quantity involved, and the petitioner’s criminal history, the court concluded that bail could not be justified. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 21(c) of the NDPS Act given the seizure of narcotics from his residence
  • Whether the seizure of drugs from the petitioner’s house can be attributed to him despite lack of conscious possession
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • seizure of narcotics
  • criminal antecedent
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12141 of 2026
                     Arising Out of PS. Case No.-222 Year-2025 Thana- FORBESGANJ District- Araria
                 ======================================================
                 Qurban Ansari @ Md. Qurban @ Md. Qurban Ansari S/O Late Hefaz Ansari
                 R/O Village- Bhajanpur(Rampur North) Ward No.03, P.S.- Forbesganj, Dist.-
                 Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajiv Ranjan, Adv.
                 For the Opposite Party/s :       Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   26-02-2026                     Heard Mr. Rajiv Ranjan, learned counsel for the

                   petitioner and Mr. Surendra Prasad Singh representing the State.

                                2. The petitioner apprehends his arrest in connection

                   with Forbesganj P.S. Case No. 222 of 2025 for the offence

                   registered under sections 21(c) of NDPS Act.

                                3. As per the prosecution story, the informant alleged

                   that he along with the Police Force, during patrolling and on

                   secret information, raided the house of Md. Qurban, he managed

                   to escaped and on search, 365 liter codeine syrup of 100ml each

                   were recovered/seized and led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   nothing has been recovered from his conscious possession rather

                   from the house and as such, the seizure cannot be attributed to
           Patna High Court CR. MISC. No.12141 of 2026(2) dt.26-02-2026
                                                       2/2




                     him.

                                  5. Learned APP, Mr. Surendra Prasad Singh, on the

                     other hand opposes the prayer submitting that a perusal of the

                     FIR would show that he has seven criminal antecedents and it

                     ranges from Section 376 of the IPC to 392 of the IPC and the

                     present one, the NDPS case. Further, the huge quantity has been

                     recovered from his house.

                                  6. Considering the submissions of the parties as also

                     looking into his criminal antecedent, it would be appropriate

                     that the petitioner seek bail.

                                  7. The anticipatory bail application stands rejected.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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