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Patna High Court

Hadir Khan @ Adir KhanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the recovery of a large quantity of narcotics from the petitioner’s shop established possession, and the alleged procedural lapses were insufficient to justify bail.

Summary

Petitioner Hadir Khan sought anticipatory bail after a police raid on his scrap shop recovered 89.742 kg of ganja, leading to charges under Sections 20(b)(ii)(C), 23(C) and 29 of the NDPS Act. The petitioner contended that the search and seizure violated Sections 103 and 105 of the BNSS and Section 42(2) of the NDPS Act, arguing lack of proper sealing, absence of independent witnesses, and that the shop was open to the public, thus negating conscious possession. The State opposed these submissions, emphasizing the large quantity of contraband recovered from the petitioner’s premises. The Court examined the procedural allegations but held that the recovery indicated possession and the procedural lapses were not sufficient to merit anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite alleged procedural violations in the search and seizure.
  • Whether the recovery of narcotics from the petitioner’s shop establishes conscious possession under the NDPS Act.
  • Whether non‑compliance of Sections 103 and 105 of the BNSS and Section 42(2) of the NDPS Act bars the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • search and seizure
  • possession
  • procedural compliance
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28289 of 2026
                   Arising Out of PS. Case No.-196 Year-2025 Thana- RAXAUL District- East Champaran
                 ======================================================
                 Hadir Khan @ Adir Khan Son of Late Nathu Khan Resident of village -
                 Sabaithawa, P.S.- Kangli, District - West Champaran.

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sumit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   04-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.    In   the    present      case,     the    petitioner     is

                   apprehending his arrest in connection with Raxaul P.S. Case No.

                   196 of 2025 registered for the offences under Sections 20(b)(ii)

                   (C), 23(C), 29 of NDPS Act.

                                      3. As per prosecution case, co-accused Ashotush

                   Kumar was apprehended on recovery of some psychotropic

                   substance, who disclosed that the petitioner and other co-

                   accused persons have brought ganja in their scrap shop. A raid

                   was conducted and the co-accused persons were apprehended

                   and recovery of 89.742 kg of ganja like substance was made

                   from the shop registered in the name of the petitioner, who was
Patna High Court CR. MISC. No.28289 of 2026(2) dt.04-05-2026
                                            2/3




          not apprehended from the spot.

                            4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in this

          case. There is complete non-compliance of Sections 103 and

          105 of BNSS for search and seizure and also Section 42(2) of

          the NDPS Act. The shop of the petitioner is not enclosed from

          all sides and thus it is accessible to public and for this reason,

          the recovery cannot be said to be from the conscious possession

          of the petitioner. No independent witness has been examined

          though police has sufficient time to approach the independent

          witnesses. In course of investigation the police has not recorded

          the statement of the learned Executive Magistrate, who

          witnessed the search and seizure. Learned counsel further

          submits that the seized contraband was not sealed at the spot

          and sealing and sampling was done after gap of five days. The

          FSL report is awaited for the seized contraband. The petitioner

          is having clean antecedent.

                       5. Learned APP opposes the submission made on

          behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that the recovery of huge quantity of contraband has been
            Patna High Court CR. MISC. No.28289 of 2026(2) dt.04-05-2026
                                                        3/3




                      shown from the shop of the petitioner, I am not inclined to

                      enlarge the petitioner on anticipatory bail and hence, his prayer

                      for anticipatory bail is rejected.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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