Patna High Court
Sabbir @ Md. Sabbir Siddiqui @ Md. sabbirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 19, 20, 21
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
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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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