Patna High Court
Md. SarafatversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied regular bail to the petitioner.
Summary
The petitioner, Md. Sarafat Md. Iqbal, applied for regular bail in a case registered under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where 11.20 grams of smack was recovered from his pocket. He claimed innocence and had been in custody since 15 February 2026. The State opposed bail, alleging that the petitioner was a drug peddler. The Court examined the facts, the nature of the seized narcotic, and the seriousness of the offence under the NDPS Act. Considering the circumstances, the Court was not inclined to grant bail and rejected the application, noting that its observations were prima facie and would not affect the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 8(c) and 21(b) of the NDPS Act in view of the seizure of 11.20 grams of narcotic.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22165 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- KHAJANCHI HAT District- Purnia
======================================================
Md. Sarafat Md. Iqbal Resident of Sipahi Tola P.S- Madhubani, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand
For the Opposite Party/s : Mr. Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
K. Hat P.S. Case No. 78 of 2026 registered for the offence under
Sections 8(c) and 21(b) of the NDPS Act.
3. As per the prosecution case, 11.20 grams smack,
wrapped in a foil, was recovered from the pocket 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 15.02.2026.
5. Learned counsel for the State vehemently opposes
the bail application and submits that the petitioner is a drug
peddler; therefore, he doesn’t deserve bail.
Patna High Court CR. MISC. No.22165 of 2026(2) dt.09-04-2026
2/2
6. Considering the aforesaid facts and circumstances
of the case and the recovery from the petitioner, this Court is not
inclined to grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected.
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.
(Sandeep Kumar, J)
Shishir/-
U
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