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Patna High Court

Sheikh Sahin @ Sahin Samsuddin ShaikhversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

The Court held that bail must be denied where the accused is charged with possession of narcotics in commercial quantity under the NDPS Act.

Summary

The petitioner, Sheikh Sahin, was arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleged to have possessed two packets of cocaine weighing 4.45 kg and 4.2 kg, valued at approximately Rs. 42 crore. He has been in custody since 14 November 2024, amounting to about one and a half years, and filed an application for bail. The prosecution opposed bail, emphasizing the commercial quantity of the narcotics involved. The Patna High Court examined whether the seriousness of the offence and the quantity seized warranted denial of bail despite the length of pre‑trial detention. The Court held that the recovery of cocaine in commercial quantity justified refusal of bail. Consequently, the bail application was rejected, but the trial court was directed to complete the trial within six months.

Issues considered

  • Whether bail can be granted in an NDPS case involving commercial quantity of narcotics
  • Whether the duration of pre‑trial detention warrants bail despite the seriousness of the offence

Legislation cited

Subjects

  • NDPS Act
  • bail
  • commercial quantity
  • drug trafficking
  • pre‑trial detention
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13314 of 2026
                        Arising Out of PS. Case No.-12 Year-2024 Thana- D.R.I District- Muzaffarpur
                 ======================================================
                 Sheikh Sahin @ Sahin Samsuddin Shaikh Son of Samsudedin Shaikh
                 Resident of Village - Near Marathi Shala No. 09, Flat No. 202, Building
                 Name - Sai Samarth Krupa, Village - Tungarli, P.S.- Lunawala, District -
                 Pune, Maharashtra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Md. Kamaluddin
                 For the Opposite Party/s :         Mr.Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   01-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in N.D.P.S. case No. 43 of

                   2025, D.R.I. Case No. 12 of 2024-25 registered for the offence

                   punishable under Sections-8(c), 20, 25, 27, of N.D.P.S. Act.

                                3. The petitioner is alleged to be carrying Cocaine in

                   two packets kept in a trolly bag containing 4.450 kg. and 4.2 kg

                   of Cocaine respectively was recovered which was worth Rs.

                   42,00,000,00/- (Rs. Forty two crores.)

                                4. It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 14-11-2024 and as such, he

                   has remained in custody for around one and a half years.

                                5. Learned APP has opposed the prayer for bail.
            Patna High Court CR. MISC. No.13314 of 2026(3) dt.01-04-2026
                                                        2/2




                                   6. Considering the recovery of Cocaine in commercial

                      quantity, I am not inclined to grant bail to the petitioner and

                      accordingly, it is rejected.

                                   7. However, learned trial court is directed to conclude

                      the trial of the petitioner as early as possible, preferably, within

                      a period of six months.



                                                       (Ansul, J)
A.K.V.//-

U      T


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