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Patna High Court

Tinku Mian @ Jafar AhmadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed bail to the petitioners, subject to strict conditions, despite the NDPS charges.

Summary

The petitioners, Taufik Ali and Tinku Mian, were arrested following a police raid that uncovered various cough syrups, tablets, narcotic substances, cash and other items, leading to NDPS charges under sections 20(b)(ii)(B), 21(B), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. They contended that they were falsely implicated, that procedural safeguards under sections 42 and 50 of the NDPS Act were not observed, and that they had no criminal antecedents (in Taufik's case). The State opposed bail, arguing that the accused were involved in the purchase and sale of narcotics. The High Court, after hearing both sides, granted bail to each petitioner on a bond of Rs. 20,000 with two sureties, imposing several conditions including regular appearance before the court and the Superintendent of Police. The order emphasized that the bail conditions are not to delay verification of antecedents and that any breach could lead to cancellation of bail.

Issues considered

  • Whether bail can be granted in NDPS cases involving possession of narcotics under sections 20(b)(ii)(B), 21(B), 22 and 29.
  • Whether the procedural requirements of sections 42 and 50 of the NDPS Act were complied with during the arrest and seizure.
  • Whether the petitioners' criminal antecedents (or lack thereof) affect their eligibility for bail.
  • Whether the conditions imposed by the court are appropriate and sufficient to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics
  • procedural compliance
  • criminal antecedent
  • police raid
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5729 of 2025

                    Arising Out of PS. Case No.-151 Year-2024 Thana- RAXAUL District- East Champaran
                  ======================================================
                  Taufik Ali, S/o Md. Salim, R/o Vill.- Islampur, Ward No. 8, P.S.- Raxaul,
                  Distt.- East Champaran.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                                                          with
                              CRIMINAL MISCELLANEOUS No. 22769 of 2025

                    Arising Out of PS. Case No.-151 Year-2024 Thana- RAXAUL District- East Champaran
                  ======================================================
                  Tinku Mian @ Jafar Ahmad, Son of Abdul Gaffar Miyan @ Abdul Gafar
                  Ahmad @ Gaffar Miyan, resident of village - Islampur, P.S. - Raxaul, District
                  - East Champaran.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  (In CRIMINAL MISCELLANEOUS No. 5729 of 2025)
                  For the Petitioner/s     : Mr. Abhishek Kumar, Adv.
                  For the Opposite Party/s : Mr. Zainul Abedin, APP
                  (In CRIMINAL MISCELLANEOUS No. 22769 of 2025)
                  For the Petitioner/s     : Mr. Abhishek Kumar, Adv.
                  For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

14   09-01-2026                     Since both these applications arising out of same

                    F.I.R., they are being taken up together and are being disposed

                    off by this composite order.
Patna High Court CR. MISC. No.5729 of 2025(14) dt.09-01-2026
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                          2. Heard the learned counsel for the petitioners and

          the learned Addl. Public Prosecutor for the State.

                          3. The petitioners, who are in custody, seek bail in

          connection with N.D.P.S. Case No. 68 of 2024/N.D.P.S. Case

          No. 39 of 2024, arising out of Raxaul P.S. Case No. 151 of

          2024, registered for the offence(s) punishable under Section(s)

          20(b)(ii)(B), 21(B), 22 and 29 of the Narcotic Drugs and

          Psychotropic Substances Act, 1985.

                          4. As per the prosecution case, the police, on the

          basis of secret information that the petitioners are engaged in

          selling of narcotics substance, conducted a raid at the ghumti of

          Tinku Mian (petitioner in Cr. Misc. No. 22769 of 2025) where

          he was apprehended and one person who tried to flee was also

          apprehended and disclosed his name as Taufik Ali (petitioner in

          Cr. Misc. No. 5729 of 2025). On search, 9 pieces of Dodiwell

          Cough Syrup, 29 pieces Orenex Cough Syrup, 180 pieces of

          Nitravet Tablet, 140 + 149 = 289 pieces of Netzecare Tablet, 64

          + 76 = 140 pieces of Proximo Spas Tablet, 2.550 grams + 2.660

          grams + 18.15 grams = 23.36 grams of smack, 50 piece Tromal

          Tablet, mobile phones, 30 piece Diazepam Injection, 33 pieces

          of Phenergan Injection, 34 piece Noophine Injection and Rs.

          3,730/- Indian currency and 13,640/- Nepalese currency were
Patna High Court CR. MISC. No.5729 of 2025(14) dt.09-01-2026
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          recovered.

                          5. It has been submitted on behalf of the petitioners

          that they have falsely been implicated in this case and no

          recovery has been made from their conscious possession. It has

          further been submitted that the petitioner/Taufik Ali has been

          made an accused merely because he happens to be the nephew

          of petitioner/Tinku Mian. It has next been submitted that the

          procedures as defined under Sections 42 and 50 of the Narcotic

          Drugs and Psychotropic Substances Act have not been followed.

          The learned counsel refers to the second supplementary counter

          affidavit, wherein the details of the narcotics substance has been

          given and from the perusal of the same, it could be found that

          most of the quantities were under intermediate category and a

          few under small category. It has lastly been submitted that the

          petitioner/Taufik Ali carry no criminal antecedent and he is in

          custody since 02.05.2024, whereas the petitioner/Tinku Mian

          has four criminal antecedents against his name and he is in

          custody since 11.12.2024.

                          6. The learned Addl. Public Prosecutors for the

          State have vehemently opposed the prayer for bail of the

          petitioners. They have referred to the counter affidavits filed on

          behalf of the State and have submitted that the petitioners were
Patna High Court CR. MISC. No.5729 of 2025(14) dt.09-01-2026
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          found to be indulged in purchase and sale of narcotics substance

          and hence they should not be released on bail.

                          7. Regard being had to the facts and circumstances

          of the case, let both the petitioners, above-named, be released on

          bail on their furnishing bail bond of Rs. 20,000/- (Twenty

          Thousand) each 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 N.D.P.S. Case No.

          68 of 2024/N.D.P.S. Case No. 39 of 2024, arising out of Raxaul

          P.S. Case No. 151 of 2024, subject to the following conditions:-

                                 (i) One of the bailors of the petitioners shall be their
                            close relative and the other shall be a local resident.
                                 (ii) The petitioners shall remain physically present
                            before the concerned Court on each and every date of the
                            trial and shall cooperate in the investigation.
                                 (iii) In case of absence for two consecutive occasions
                            or in violation of the terms of the bail, the bail bond of the
                            petitioners will be liable to be cancelled by the concerned
                            Court.
                                 (iv) If the petitioners, in future, is found to be
                            involved in similar nature of offence(s), the prosecution
                            shall be at liberty to move for cancellation of their bail
                            bond.
                                 (v) The concerned Court shall verify the criminal
                            antecedent of the petitioners and in case, at any stage, it is
                            found that they have concealed their criminal antecedents,
                            the Court concerned shall take necessary steps for
                            cancellation of their bail bond. However, the acceptance
                            of bail bond in terms of the above-mentioned order shall
            Patna High Court CR. MISC. No.5729 of 2025(14) dt.09-01-2026
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                                        not be delayed for purpose of or in the name of
                                        verification.
                                             (vi) In view of the antecedent of the petitioners, the
                                        petitioners     are    directed    to     appear   before   the
                                        Superintendent of Police, East Champaran at Motihari
                                        within fifteen (15) days of their release with a copy of this
                                        order and every two weeks thereafter for the next nine
                                        months. The conduct of the petitioners will be kept under
                                        watch in this period by the concerned Superintendent of
                                        Police and if it is found wanting in any respect, a report
                                        shall be made to the Court concerned by him to initiate a
                                        proceeding for cancellation of bail of the petitioners for
                                        reasons of misuse of bail.              After reporting to the
                                        Superintendent of Police, a certificate will be filed by the
                                        petitioners before the Court concerned.


                                   8. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.

                                   9. Both the applications stand allowed and disposed

                      off accordingly.



                                               (Sourendra Pandey, J)
Praveen-II/-

U       T


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