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Patna High Court

Guddu @ Irsad FarooquiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Guddu Farooqui was arrested on 3 January 2026 in connection with a case under the NDPS Act for alleged possession of heroin. The prosecution recovered 8 puriya of heroin from him and 19.5 grams from a co‑accused, and charged him under Sections 8(c) and 21(b) of the NDPS Act. The petitioner pleaded that he has a clean antecedent, was falsely implicated, and that the quantity seized is below the commercial threshold, rendering Sections 42 and 50 of the Act inapplicable and negating the embargo provision of Section 37. The Additional Public Prosecutor opposed bail. The High Court, noting the sub‑commercial quantity, non‑compliance of the mandatory provisions, and the petitioner's clean record, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail can be granted to an accused under the NDPS Act when the seized quantity is less than commercial quantity.
  • Whether the mandatory provisions of Sections 42 and 50 of the NDPS Act have been complied with, affecting the applicability of the embargo under Section 37.
  • Whether the petitioner’s clean antecedent and claim of false implication warrant bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • commercial quantity
  • Section 37 embargo
  • clean antecedent
  • mandatory provisions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18366 of 2026
                      Arising Out of PS. Case No.-2 Year-2026 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
                 Guddu @ Irsad Farooqui S/O Samsuddin Farooqui @ Shamshuddin Faruki
                 R/O Village- Farooqui Mohalla, Bikramganj, Ward No.11- P.S- Bikramganj,
                 Dist- Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Babu Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                      Heard Mr. Babu Nandan Prasad, learned counsel for

                   the petitioner and Mr. Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   03.01.2026 in connection with Bikramganj P.S. Case No. 02 of

                   2026, F.I.R. dated 02.01.2026 for the offences punishable under

                   Sections 8(c) and 21(b) of the N.D.P.S. Act.

                               3.     Recovery is of 8 puriya of heroine from the

                   petitioner and 19.5 grams of heroine from the co-accused

                   person.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.18366 of 2026(2) dt.24-03-2026
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          from the F.I.R. that 8 puriya of heroine like substance has been

          recovered from the possession of the petitioner and on the basis

          of the disclosure made by the petitioner another 19.5 grams of

          heroine has been recovered from the co-accused, Akbar

          Farooqui.. He further submits that there is non-compliance of

          the mandatory provision of Sections 42 and 50 of the N.D.P.S.

          Act and it appears that the recovered contraband is less than the

          commercial quantity. Hence, there is no embargo under Section

          37 of the N.D.P.S. Act for grant of bail to the petitioner. The

          petitioner is in custody since 03.01.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the recovered contraband is less than the commercial

          quantity, there is non-compliance of Section 42 and 50 of the

          NDPS Act and the petitioner has clean antecedent, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Sessions

          Judge, Rohtas at Sasaram in connection with Bikramganj P.S.

          Case No. 02 of 2026, subject to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.18366 of 2026(2) dt.24-03-2026
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                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court

                       and on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                    iii. And further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. However, the

                       acceptance of bail bonds in terms of the above-mentioned

                       order shall not be delayed for purpose of or in the name of

                       verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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