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Patna High Court

Sabbir @ Md. Sabbir Siddiqui @ Md. sabbirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, finding that the allegations did not justify denial of bail.

Summary

The petitioner, Md. Sabbir Siddiqui, sought anticipatory bail after being implicated in a NDNDPS case where 511 grams of ganja were seized from co-accused Bhola Sah, who alleged the petitioner supplied the contraband. The prosecution relied on the informant's statement linking the petitioner to the seized narcotics, while the petitioner contended he had no connection and was falsely framed. The petitioner, already on bail in two other cases, applied for anticipatory bail under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita. The Additional Public Prosecutor opposed the bail. Considering the circumstances, the Court inclined to grant anticipatory bail, imposing a bond of Rs. 10,000 with two sureties and several conditions regarding court appearances, non‑interference with witnesses, and refraining from further offences. The order directs that the petitioner be released on bail if arrested within thirty days, subject to compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita in the NDPS case.
  • Whether the allegations linking the petitioner to the seized narcotics constitute sufficient ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • Section 438 CrPC
  • Section 482 BNSS
  • false framing
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15642 of 2026
                 Arising Out of PS. Case No.-373 Year-2025 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Sabbir @ Md. Sabbir Siddiqui @ Md. sabbir S/O Md. Shakil Resident of vill.
                 - Jiwdhara, P.S.- Piprakhothi, District- East Champaran
                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr.Sanjay Kumar Tiwari
                                                  Mr.Mohan Kumar Tiwari
                                                  Mr.Ujjawal Kumar
                 For the Opposite Party/s :       Mr.Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

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

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Piprakothi P.S. Case No. 373 of 2025, F.I.R

                   dated 02.11.2025 registered for the offences punishable under

                   Sections 19, 20 & 21 of N.D.P.S. Act.

                                3.      According to prosecution case, the informant,

                   Aditya Kumar Bhardwaj alleged that on 02.11.2025 at about

                   2:00 P.M., he along with other police personnel was on

                   patrolling duty, they received secret information that co-accused

                   Bhola Sah was coming towards Piprakothi via Shankar Saraiya

                   carrying contraband ganja in a bag by Toto. On vehicle

                   checking, Bhola Sah was apprehended while trying to flee and

                   511 grams of ganja was recovered from his possession. During
Patna High Court CR. MISC. No.15642 of 2026(2) dt.12-03-2026
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          interrogation, he allegedly disclosed that the seized ganja was

          given to him by the petitioner and deliver at Piprakothi Chowk.

                      4. Learned counsel for the petitioner submits that

          seized ganja of about 511 grams is said to have been recovered

          from Bhola Sah, whereas, the petitioner is in no way connected

          with the co-accused Bhola Sah and the petitioner has falsely

          been framed in this case. While the petitioner is accused in two

          other cases and not akin to the present case and he is on bail. It

          is next submitted that the only allegation for which the

          petitioner has been implicated that the petitioner had handed

          over the seized article to co-accused Bhola Sah for delivering

          the same at Piprakothi Chowk.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          the person from whose seized article has already been arrested

          while this petitioner is falsely been implicated in this case.

          Accordingly, this Court is inclined to grant the privilege of

          anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the
           Patna High Court CR. MISC. No.15642 of 2026(2) dt.12-03-2026
                                                       3/3




                     satisfaction of the learned Exclusive Special Judge Court No. II,

                     NDPS, East Champaran, Motihari in connection with Piprakothi

                     P.S. Case No. 373 of 2025, subject to the conditions as laid

                     down under Section 438(2) of the Code of Criminal Procedure /

                     Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and

                     with other following conditions:-

                                  (i) one of the bailors should be the family

                     member/relative of the petitioner(s) who shall provide official

                     document to show his/her bona fide;

                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
abhishekkr/-

U      T


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