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Patna High Court

Md. Sonu @ Md. SirajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to monetary and attendance conditions.

Summary

The petitioner, Md. Sonu @ Md. Siraj, was arrested in connection with a case registered under Sections 8(c) and 21(b) of the NDPS Act and Sections 111/3(5) of the Bharatiya Nyaya Sanhita, 2023, after 18.96 grams of brown sugar was recovered from his possession. He filed an application for regular bail, asserting his innocence, clean antecedent, and that he had been in custody since 23‑10‑2025. The State opposed the bail. The High Court, after considering the facts, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to appear at the police station every Sunday, subject to verification of his clean antecedent. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail for offences under Sections 8(c) and 21(b) of the NDPS Act and Sections 111/3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the petitioner’s claim of clean antecedent and the nature of the seized contraband justify granting bail.

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19916 of 2026
                    Arising Out of PS. Case No.-181 Year-2025 Thana- JAGDISHPUR District- Bhagalpur
                 ======================================================
                 Md. Sonu @ Md. Siraj S/O Late Azad Mistri R/O Vill.- Deennagar, Puraini,
                 P.S- Jagdishpur, District- Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajive Ranjan Singh
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Jagidhspur P.S. Case No. 181 of 2025 registered for the offence

                   under Section(s) 8(c) and 21(b) of the NDPS Act and Sections

                   111/3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, 18.96 grams of brown

                   sugar has been recovered from the possession of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 23.10.2025 and claims clean

                   antecedent.

                                5. Learned A.P.P. for the State has vehemently

                   opposed the prayer for bail.
Patna High Court CR. MISC. No.19916 of 2026(2) dt.01-04-2026
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                       6. Considering the aforesaid facts and circumstances,

          this application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Jagidhspur P.S.

          Case No. 181 of 2025 subject to conditions that:-

                                              (i). The petitioner will mark his
                                  attendance at the Jagdishpur Police Station
                                  on every Sunday of each month. Any default
                                  in appearance at the Police Station would
                                  result in cancellation of bail bond of the
                                  petitioner.
                                            (ii). At the time of accepting the
                                  bail bonds of the petitioner, the Court below
                                  shall verify the fact whether the petitioner
                                  has clean antecedent or not. If it is found
                                  that the petitioner has clean antecedent then
                                  only his bail bonds shall be accepted by the
                                  Court below. However, it is made clear that
                                  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.


                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations

          shall not be construed as an expression on the merits of the case
            Patna High Court CR. MISC. No.19916 of 2026(2) dt.01-04-2026
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                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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