Created by Fuzzy Cloud

Patna High Court

Nurool Hoda @ Narul HodaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.