Patna High Court
Hasmuddin Kuraishi @ Janu @ Hasmudin Kuraishi @ Janu KuraishiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Hasmuddin Kuraishi, applied for bail in a case involving alleged possession of liquor, charas, smack, codeine, nitrazepam, semplex tablets and ganja recovered from a co‑accused’s house. The prosecution alleged that the contraband was linked to the petitioner, while his counsel argued that no incriminating material was found in his possession and that his name arose only from a co‑accused’s confessional statement, which lacks evidentiary value. The petitioner also highlighted that a co‑accused had already been granted bail and that the State had not complied with Sections 42 and 50 of the NDPS Act. The State opposed bail. Considering the lack of direct evidence, the petitioner’s custody period, and parity with the co‑accused, the Court inclined to grant bail. The bail was ordered on a bond of Rs.15,000 with two sureties and conditions regarding family surety and appearance in court.
Issues considered
- Whether bail should be granted to the petitioner under Section 20(B)(ii)(c) of the Bihar Prohibition and Excise Act.
- Whether the confessional statement of the co‑accused provides sufficient basis for the petitioner’s arrest.
- Whether compliance with Sections 42 and 50 of the NDPS Act is required for granting bail.
- Whether the petitioner’s prior custody and criminal antecedents preclude bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 42, 50
Subjects
- bail
- Bihar Prohibition and Excise Act
- NDPS Act
- confessional statement
- drug offences
- contraband
- prior custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1504 of 2026
Arising Out of PS. Case No.-29 Year-2025 Thana- RAXAUL District- East Champaran
======================================================
Hasmuddin Kuraishi @ Janu @ Hasmudin Kuraishi @ Janu Kuraishi S/O
Gufur Kuraishi Resident of Village - Islampur Ward No. 08, P.S. - Raxaul,
District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Raxaul
P.S. Case No. 29 of 2025, instituted for the offences punishable
under Sections 20(B)(ii)(c) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 1.4 liters
of liquor, 1.7 Kg Charas, 10.86 mg smack, 1.9 liters codeine,
139 pieces of Nitrazepam tablets, 12 pieces of semplex tablets
and 590 gm ganja have been recovered from the house of co-
accused person.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.1504 of 2026(2) dt.19-01-2026
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present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of contraband. Learned
counsel for the petitioner also submits that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of confessional statement made by co-accused
person and the same has got no evidentiary value. It is next
submitted that the alleged recovery has been made from the
house of co-accused, namely, Abullaish Miyan as stated in
paragraph no. 8 of the bail application. The petitioner is in
custody since 15.04.2025 and has got four criminal antecedents.
Learned counsel for the petitioner further submits that other co-
accused has been granted regular bail by a Co-ordinate Bench of
this Court vide order dated 31.07.2025 passed in Cr. Misc. No.
53114 of 2025. There is no compliance of Sections 42 and 50 of
the N.D.P.S. Act.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, claim based on parity and the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
Patna High Court CR. MISC. No.1504 of 2026(2) dt.19-01-2026
3/3
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Raxaul P.S. Case No.
29 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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