Patna High Court
Md. EkramullahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 8(c)
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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