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Patna High Court

Md. Hussain @ Md. Sharif HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail is granted as the quantity does not attract the Section 37 bar and the petitioner has no criminal antecedent.

Summary

The petitioner, Md. Hussain, was charged under Sections 8, 20(b)(ii)(B) and 22(B) of the NDPS Act for the alleged recovery of 5 kg 200 grams of ganja. He applied for regular bail, claiming innocence and a clean criminal record, having been in custody since 23-11-2025. The State opposed the bail, but the court noted that the quantity involved was intermediate and did not trigger the mandatory denial of bail under Section 37 of the NDPS Act. Considering the petitioner’s lack of antecedent and the relatively short period of custody, the court allowed the bail application, directing a bond of Rs.10,000 with two sureties. The order was made on a prima facie basis and does not prejudice the merits of the trial.

Issues considered

  • Whether the intermediate quantity of narcotics attracts the bar on bail under Section 37 of the NDPS Act.
  • Whether the petitioner’s clean antecedent and period of custody justify granting regular bail.

Legislation cited

Subjects

  • NDPS Act
  • regular bail
  • Section 37
  • narcotics
  • intermediate quantity
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20291 of 2026
                        Arising Out of PS. Case No.-158 Year-2025 Thana- Sonki District- Darbhanga
                 ======================================================
                 Md. Hussain @ Md. Sharif Hussain S/O Md. Sharif Hussain @ Md. Hussain
                 Resident of Village- Paithan Kabai, P.S.- Manigachhi, Nehra District-
                 Darbhanga
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manish Kumar No 13, Advocate
                 For the Opposite Party/s :        Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

4   18-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sonki P.S. Case No. 158 of 2025, corresponding to PTN No.

                   2350 of 2025, giving rise to N.D.P.S. Case No. 03/2026

                   registered under Sections 8, 20(b)(ii)(B), 22(B) of the Narcotic

                   Drugs and Psychotropic Substances Act.

                                3. As per prosecution case, there is recovery of 5 kg.

                   200 grams of ganja from the bag of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Petitioner has clean antecedent and is in custody

                   since 23.11.2025.

                                5. Learned APP for the State has vehemently opposes

                   the prayer for bail of the petitioner.

                                6. Considering the quantity is                intermediate which
           Patna High Court CR. MISC. No.20291 of 2026(4) dt.18-05-2026
                                                       2/2




                     does not attract the bar under Section 37 as well as the fact that

                     the petitioner bears no criminal antecedent and period of

                     custody, this bail application is allowed.

                                  7. Let the petitioner above named, be granted bail on

                     furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand

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

                     satisfaction of learned Additional Sessions Judge-XI-cum-

                     Special Judge N.D.P.S., Darbhanga/concerned court below in

                     connection with Sonki P.S. Case No. 158 of 2025,

                     corresponding to PTN No. 2350 of 2025, giving rise to N.D.P.S.

                     Case No. 03/2026.

                                  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

                     and shall not influence the trial or any other proceedings in any

                     manner.


                                                      (Ansul, J)

Ranjeet/-Nitesh
U       T


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