Created by Fuzzy Cloud

Patna High Court

Md. HanifversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.