Patna High Court
Md. HanifversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions specified under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Md. Hanif, filed an anticipatory bail application fearing arrest in a case (Semapur PS Case No. 04 of 2025) under Sections 20 and 22 of the N.D.P.S. Act. The prosecution alleged that contraband was recovered from three persons, one of whom allegedly named the petitioner, but no material was seized from the petitioner himself. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that no case could be made against him under the N.D.P.S. Act. The State opposed the bail, arguing the seriousness of the offence. After hearing both sides, the Court inclined to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the N.D.P.S. Act.
- Whether the allegations against the petitioner constitute sufficient ground to deny bail.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Narcotic Drugs and Psychotropic Substances Act
- Section 20
- Section 22
- Bail conditions
- Section 482(2)
- Criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17686 of 2026
Arising Out of PS. Case No.-4 Year-2025 Thana- SEMAPUR District- Katihar
======================================================
Md. Hanif S/O Abdul Taiyab @ Late Abdul Taubab @ Late Taubab Ali R/O
Sukhasan Chhotu Tengaria, PS- Semapur, Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with Semapur P.S. Case no. 04 of 2025 instituted for the offence
under Sections 20/22 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from the
possession of three persons namely, Md. Yasin, Md. Sharif and
Md. Siraj, contraband was recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has falsely been implicated in this case. He also
submits that one Md. Sharif has named this petitioner. Nothing
has been recovered from the possession of this petitioner. He
Patna High Court CR. MISC. No.17686 of 2026(2) dt.18-03-2026
2/2
further submits that as nothing has been recovered from the
possession of this petitioner, no case under N.D.P.S Act is made
out against the petitioner. Moreover, a statement has been made
in para-3 of this petition that the petitioner has got no criminal
antecedent.
5. In contra, learned APP appearing for the State and
learned counsel for the informant have opposed the prayer of
bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Semapur P.S. Case no. 04 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Principal District & Sessions Judge,
Katihar subject to the conditions as laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
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