Patna High Court
Nurool Hoda @ Narul HodaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Nurool Hoda, was arrested in connection with a raid that recovered 2 kg of ganja and was charged under sections 20(b)(ii)(B), 22 and 25 of the NDPS Act. The FIR alleged that the seized narcotics were being packaged at a house owned by co‑accused Yogendra Dubey, not by the petitioner, and no incriminating article was found on the petitioner. He has no prior criminal record and has been in custody since 10 August 2025, about eight months at the time of the hearing. The co‑accused had already been released on bail. The petitioner’s counsel argued for regular bail, while the State opposed. Considering the lack of personal possession, the absence of antecedents, the lengthy pre‑trial detention, and the bail already granted to co‑accused, the Court ordered the petitioner to be released on bail upon furnishing a Rs.10,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the seriousness of the offence and the recovery of narcotics.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 22, 25
Subjects
- NDPS Act
- regular bail
- drug offence
- pre‑trial detention
- sureties
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23488 of 2026
Arising Out of PS. Case No.-220 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Nurool Hoda @ Narul Hoda Son of Md. Sakoor @ Sheikh Sakoor Resident of
Village- Chhota Chand Mohan, P.S.- Kundwa Chainpur, District- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shahid Jawed, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kundwa Chainpur P.S.
Case no.220 of 2025 registered under sections 20(b)(ii)(B), 22
and 25 of the NDPS Act.
3. As per the prosecution case, on information having
been received and a raid being conducted, three persons were
seen making sachet of ganja. Seeing the police personnel, they
made an attempt to escape but were caught. Three accused
persons including the petitioner herein were arrested and a total
of 2 kgs of ganja was recovered.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession and even as per the allegations in the FIR, the house
belongs to the co-accused Yogendra Dubey and not the
Patna High Court CR. MISC. No.23488 of 2026(2) dt.08-04-2026
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petitioner herein. Yogendra Dubey @ Yogendra Dube and Sekh
Dawood @ Sheikh Daud @ SK Daud have been enlarged on
bail vide order dated 9.1.2026 passed in Cr. Misc. no.86593 of
2025 and order dated 15.1.2026 passed in Cr. Misc. no.91681 of
2025. The petitioner has no criminal antecedent and is in
custody since 10.8.2025. Chargesheet has been submitted in the
case.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, grant of bail
to the other two co-accused vide aforesaid orders dated 9.1.2026
and 15.1.2026, the petitioner not having any criminal antecedent
and his having remained in custody for about 8 months since
10.8.2025, the Court directs the petitioner to be enlarged on bail
in connection with Kundwa Chainpur P.S. Case no.220 of 2025
on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned N.D.P.S. Exclusive Special Court no.1, East
Champaran at Motihari.
(Partha Sarthy, J)
Saurabh/-
U T
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