Patna High Court
Md. Mafid Baksh @ Mafid BakasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner as the quantity seized was below commercial quantity and mandatory procedural requirements were not satisfied.
Summary
The petitioner, Md. Mafid Baksh, was arrested on 11 February 2026 in connection with an FIR alleging violations of Sections 8, 20(b)(ii)(b) and 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, after 1.945 kg of ganja was recovered from a tempo. He applied for bail, asserting a clean antecedent, false implication, and that the seized quantity was below the commercial threshold, rendering Section 37’s embargo inapplicable. The prosecution opposed bail, but the court noted non‑compliance with mandatory provisions of Sections 50 and 52 and the sub‑commercial quantity. Considering these factors, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order also stipulated cancellation if the petitioner absents two consecutive court dates without sufficient cause.
Issues considered
- Whether bail can be granted in NDPS offences when the seized quantity is less than commercial quantity.
- Whether the mandatory provisions of Sections 50 and 52 of the NDPS Act were complied with in the investigation.
- Whether the petitioner’s clean antecedent and alleged false implication justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(b), 22(b), 37, 50, 52, 8
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- Section 37 embargo
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18391 of 2026
Arising Out of PS. Case No.-52 Year-2026 Thana- TERHAGACHH District- Kishanganj
======================================================
Md. Mafid Baksh @ Mafid Bakas S/O Late Maksad Ali Resident of
Nayabasti Mushahra, P.S. - Terhagachh, District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Raj Kumar, learned counsel for the petitioner
and Mr. Awadhesh Kumar Singh, learned APP for the State.
2. Petitioner seeks bail who is in custody since
11.02.2026 in connection with Tehragachh P.S. Case No. 52 of
2026, F.I.R. dated 10.02.2026 for the offences punishable under
Sections 8, 20(b)(ii)(b) and 22(b) of the Narcotic Drugs &
Psychotropic Substance Act, 1985.
3. Recovery is of 1.945 kg of ganja from a tempo.
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 from
perusal of FIT itself it appears that there is non-compliance of
the mandatory provision of Sections 50 and 52 of the N.D.P.S.
Act and it appears that the recovered contraband is less than the
Patna High Court CR. MISC. No.18391 of 2026(2) dt.24-03-2026
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commercial quantity. Hence, there is no embargo under Section
37 of the N.D.P.S Act for grant of bail to the petitioner and the
petitioner is in custody since 11.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the petitioner has clean antecedent and that the recovered
contraband is less than the commercial quantity, 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 Session
Judge-cum-Special Judge (NDPS Act), Kishanganj in
connection with Tehragachh P.S. Case No. 52 of 2026, subject
to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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.
Patna High Court CR. MISC. No.18391 of 2026(2) dt.24-03-2026
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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)
Suruchi/-
U T
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