Patna High Court
Md. Niyaz Ahmad @ Md. UjaleversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners, subject to bond and attendance conditions.
Summary
The petitioners, Md. Niyaz Ahmad and Anil Kumar Singh, were arrested on 11 October 2025 for possession of heroin (31.81 g and 34.40 g respectively) and a pistol, and were charged under several provisions of the Bharatiya Nyaya Sanhita, the Arms Act and the NDPS Act. They applied for bail before the Patna High Court, arguing that the quantity of narcotics was intermediate and that they had been in custody for several months. The court examined the seriousness of the offences, the amount of heroin recovered, and the presence of a firearm, but noted the intermediate quantity and the length of pre‑trial detention. Accordingly, the court allowed the bail application, directing each petitioner to furnish a bail bond of Rs 10,000 with two sureties and to appear at the designated police stations every Sunday. Failure to appear would result in cancellation of bail.
Issues considered
- Whether bail should be granted to the accused despite charges under sections of the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act involving intermediate quantity of heroin and a firearm.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita — s. 111(2)(b), 111(3), 111(4), 310(4), 310(5)
- NDPS Act — s. 21(b), 29, 8(c)
Subjects
- bail
- heroin
- intermediate quantity
- firearm possession
- Bharatiya Nyaya Sanhita
- Arms Act
- NDPS Act
- pre‑trial detention
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15839 of 2026
Arising Out of PS. Case No.-442 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
1. Md. Niyaz Ahmad @ Md. Ujale S/o Md. Shamimuddin @ Md. Munna @
Md. Shamimudin R/o vill - Barhatol, P.S.- Rahika, Distt.- Madhubani
2. Anil Kumar Singh @ Shooter S/o Rajdeo Singh R/o vill - Chakdah, P.S.-
Rajnagar, Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tahkur, Advocate
For the State : Mr.Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Rajnagar P.S. Case No. 442 of 2025 registered for the offence
punishable under Sections 310(4), 310(5), 111(2)(b), 111(3) and
111(4) of Bharatiya Nyaya Sanhita; Sections 25(1-b)a, 26 and
35 of the Arms Act and Sections 8(c), 21(b) and 29 of the NDPS
Act.
3. The recovery is of 31.81 grams of heroine from the
petitioner no. 1 and 34.40 grams of heroine from the petitioner
no. 2. One country made pistol has also been recovered from the
petitioner no. 1.
Patna High Court CR. MISC. No.15839 of 2026(3) dt.26-03-2026
2/2
4. The petitioners are in custody since 11.10.2025.
5. Considering the recovery of intermediate quantity
of heroine and the period of custody, this application is allowed.
6. Let the petitioners, above named, be released on
bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Sessions Judge, Madhubani/ concerned Court in
connection with Rajnagar P.S. Case No. 442 of 2025.
7. The petitioner no. 1 will mark attendance in Rahika
Police Station District- Madhubani and petitioner no. 2 will
mark attendance in Rajnagar Police Station, District-
Madhubani on every Sunday of the month. Any default in
appearance at the Police Station would result in cancellation of
bail bonds of the petitioners.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…