Patna High Court
Guddu @ Irsad FarooquiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 42, 50, 8(c)
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
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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
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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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