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Patna High Court

Md. Rashid @ Rashid @ David @ DharmvirversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail subject to a bond and conditions.

Summary

The petitioner, Md. Rashid, was charged under the NDPS Act, IPC and Arms Act for alleged involvement in a seizure of a pistol, cash and 1.080 kg of charas recovered from another accused, Sachin Kumar Singh. The petitioner claimed innocence, stating that no contraband was found on him and that he was implicated only through Singh's statement and his own extensive criminal record of twenty cases. He had been in judicial custody since 30 September 2024 and sought bail. The State opposed bail, emphasizing the petitioner’s prior criminal antecedents. The High Court, after considering the lack of direct evidence against the petitioner and the principle that antecedents alone should not deny bail, ordered his release on bail with a bond of Rs.10,000, two sureties, and conditions to cooperate with the trial and attend weekly at the police station.

Issues considered

  • Whether the petitioner is entitled to bail despite serious offences under the NDPS Act and a substantial criminal antecedent.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Arms Act
  • criminal antecedent
  • charas seizure
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13688 of 2026
                  Arising Out of PS. Case No.-62 Year-2021 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Md. Rashid @ Rashid @ David @ Dharmvir, S/o- Md. Afzar @ Akbar @
                 Md. Azakar, R/v- Thikahi, PS- Hathaudhi, Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Smiti Bharti, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Madhuban P.S. Case No. 62 of 2021 registered for the

                   offence punishable under Sections 20(b)(ii)(C ) and 29 of

                   N.D.P.S. Act, Section 399/34, 402/34 and 414/34 of the Indian

                   Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

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

                   secret information, police reached near Saraiya bridge where 7-8

                   persons were standing           along with four bikes. They started

                   fleeing away. However, one of them, namely, Sachin Kumar

                   Singh was apprehended and from his possession, one country

                   made pistol, mobile, cash of Rs. 80,000/- and 1.080 Kg. of

                   charas were recovered.
Patna High Court CR. MISC. No.13688 of 2026(2) dt.12-03-2026
                                            2/3




                       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. His name has surfaced in the statement of apprehended

          accused Sachin Kumar Singh who has disclosed that petitioner

          is his associate. It has further been submitted that as the

          petitioner is having criminal antecedent of twenty cases, he was

          remanded in this case from Dhaka P.S. Case No. 242 of 2023. It

          has also been submitted that nothing has been recovered from

          the possession of this petitioner. He has been framed in this case

          only on the basis of his antecedents. He is languishing in

          judicial custody since 30.09.2024.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail and has submitted

          that petitioner is having criminal antecedent of twenty cases.

                       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

          Exclusive Special Court-I, N.D.P.S. Act, East Champaran,
             Patna High Court CR. MISC. No.13688 of 2026(2) dt.12-03-2026
                                                         3/3




                       Motihari in connection with Madhuban P.S. Case No. 62 of

                       2021 with the condition that the petitioner shall cooperate in

                       the trial and shall mark his attendance weekly at Hathauri

                       P.S.


                                                        (Ashok Kumar Pandey, J)

lata/-
U        T


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