Patna High Court
Md. Murshid Alam @ Md. Murshid AalamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail cannot be granted where a substantial quantity of narcotics has been seized and the FIR records a serious NDPS offence.
Summary
The petitioner, Md. Murshid Alam, sought anticipatory bail fearing arrest in a Special NDPS case (No. 27 of 2021) concerning alleged offences under Sections 8 and 20(ii)(b) & (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The police, acting on secret information, intercepted his vehicle and seized 330 kg of ganja, leading to the filing of an FIR. The petitioner contended that the vehicle had been sold and he had no criminal antecedent, while the prosecution asserted ownership of the vehicle and the large drug recovery. The Court examined the facts, the seriousness of the seizure, and the provisions of the NDPS Act, concluding that the circumstances did not merit anticipatory bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the seizure of 330 kg of ganja and the FIR under the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(ii)(b), 20(ii)(c), 8
Subjects
- anticipatory bail
- NDPS Act
- drug seizure
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20764 of 2026
======================================================
Md. Murshid Alam @ Md. Murshid Aalam Son of Md. Shamshul Haque R/o-
Dadhiya Mukundpur, Sambhupatti, P.S.- Muffasil, Dist.- Samastipur, Bihar,
PIN - 848129
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshab Raj, Advocate
: Mr. Anil Kumar, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Special N.D.P.S. Case No. 27 of 2021
registered for the offence punishable under Sections 8, 20(ii)(b)
and (c) of the Narcotic Drugs and Psychotropic Substance Act,
1985, lodged on 06.07.2021.
3. As per the prosecution story, the Police on secret
information, intercepted a vehicle and there is recovery/seizure
of 330 Kg Ganja. This led to the F.I.R..
4. Learned counsel for the petitioner submits that
though the vehicle belongs to him, it was actually sold and he
do not have criminal antecedent.
5. Mr. Jitendra Kumar Singh, learned APP on the
other hand submitted that not only he owns the vehicle, there is
Patna High Court CR. MISC. No.20764 of 2026(2) dt.08-04-2026
2/2
huge recovery of 330 Kg Ganja.
6. Taking into account the submissions of the parties
as also the recovery that has been recorded in the F.I.R., no case
of anticipatory bail is made out.
7. Accordingly, the anticipatory bail application
stands rejected.
(Rajiv Roy, J)
vinayak/-
U T
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