Patna High Court
Md. Rashid @ Rashid @ David @ DharmvirversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 399/34, 402/34, 414/34
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(C), 29
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/-
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