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Patna High Court

Md. EkramullahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to regular bail as no material was recovered from him and he has no criminal antecedent.

Summary

The petitioner, Md. Ekramullah, was arrested in a case under Sections 8(c), 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after a co‑accused, Vikrant Kumar, was found with 55.11 g of cannabis and Nepali currency and named the petitioner. The petitioner contended that he had no involvement, no possession of any contraband, no prior criminal record and had been in judicial custody since 24‑02‑2026. The State opposed the bail application, arguing that the petitioner was implicated in the drug offence. The Court examined the facts, noting that the seizure was made from the co‑accused and that there was no material recovered from the petitioner, and considered his clean antecedent. Accordingly, the Court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The bail order was directed to be complied with by the Sessions/Special Judge of East Champaran.

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act despite being named by a co‑accused.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • regular bail
  • drug seizure
  • co‑accused
  • criminal antecedent
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26784 of 2026
                  Arising Out of PS. Case No.-23 Year-2026 Thana- NAKARDEI District- East Champaran
                 ======================================================
                 Md. Ekramullah S/o- Rasullah Aalam @ Rasul Alam R/v- Srisiya Mal Ps-
                 Nakardeyee Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                                                 Ms. Harsha Shashwat, Advocate
                 For the Opposite Party/s :      Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 8(c), 21(b)

                   and 29 of the N.D.P.S. Act.

                                 3. The case of the prosecution, in short, is that from

                   the possession of one co-accused Vikrant Kumar, altogether

                   55.11 gram of smack and 20,200 Nepali currency were

                   recovered. Co-accused Vikrant Kumar has named this petitioner.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Nothing has been recovered from his possession. It has
             Patna High Court CR. MISC. No.26784 of 2026(2) dt.22-04-2026
                                                         2/2




                       further been submitted that the recovery if any has been made

                       from the possession of the co-accused. Petitioner is having no

                       criminal antecedent and he is languishing in judicial custody

                       since 24.02.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       Sessions Judge/Special Judge, East Champaran, Motihari in

                       connection with Nakardei P.S. Case No. 23 of 2026.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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