Patna High Court
Md. Sonu @ Md. SirajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 111/3(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
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
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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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