Patna High Court
Md. Adil @ AdilversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted as the seized quantity was excessive, the accused had prior similar offences, and the trial was already underway.
Summary
Md. Adil was arrested in connection with a case under Section 21(c) of the NDPS Act after police recovered 2,220 pieces of cough‑syrup containing 222 litres of codeine from his under‑construction house. He has been in custody since 22 January 2025 and faces three other similar charges. The petitioner sought bail for the second time, arguing that the trial had not yet concluded. The court noted the massive quantity seized, which far exceeds normal commercial amounts, and the petitioner’s criminal antecedent of similar nature, and observed that the trial had already commenced. Considering these factors, the court declined to grant bail, dismissed the application, and directed the lower court to expedite the trial, while clarifying that its observations were limited to the bail application.
Issues considered
- Whether bail should be granted to the accused under Section 21(c) of the NDPS Act in view of the large quantity of seized narcotics, prior similar offences, and the commencement of trial?
Legislation cited
Subjects
- bail
- NDPS Act
- codeine
- drug trafficking
- criminal antecedent
- trial expediting
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22900 of 2026
Arising Out of PS. Case No.-99 Year-2024 Thana- SIMRAHA District- Araria
======================================================
Md. Adil @ Adil S/o Ibrahim Resident of Village- Mirzapur, Sonarpatti, Ward
No. 02, P.S.- Simraha, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar, Advocate
For the State : Mr.Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Simraha P.S. Case
No. 99 of 2024 registered for the offence under Sections 21(c)
of the NDPS Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 06.08.2025 passed in Cr. Misc.
No. 27274 of 2025.
4. There is recovery of 2220 pieces of cough syrup
(100 ml. each) from the under construction house of the
petitioner, who is in custody since 22.01.2025 and is accused in
3 more similar cases.
5. Considering the fact that there is a huge recovery of
Patna High Court CR. MISC. No.22900 of 2026(2) dt.30-04-2026
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222 litres of codeine which is much more than the commercial
quantity and considering the criminal antecedent of similar
nature together with the fact that the trial has already started, I
am not inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
7. The Court below is directed to expedite the trial.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U
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