Patna High Court
Tinku Mian @ Jafar AhmadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 21(B), 22, 29, 42, 50
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
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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
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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
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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/-
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