Patna High Court
Md. IrshadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The court held that anticipatory bail may be granted conditionally because the petitioner’s alleged involvement is limited to ownership of the vehicle, the seized quantity is below commercial threshold, and there are no indications of flight risk.
Summary
The petitioner, Md Irshad, sought anticipatory bail fearing arrest in a case (K. Hat P.S. Case No. 361 of 2025) under Section 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The police had seized 9.900 litres of Codeine Phosphate and Triprolidine Hydrochloride syrup from a motorcycle registered in the petitioner’s name. The petitioner contended that he had no knowledge of the seizure, that the seized quantity was below commercial threshold, and that he had no prior criminal record. The State opposed the bail, arguing that ownership of the vehicle linked the petitioner to the alleged offence. After considering the submissions, the court ordered that if the petitioner is arrested or surrenders within six weeks, he shall be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the NDPS Act for alleged possession of a non‑commercial quantity of narcotic syrup.
- Whether mere ownership of the vehicle from which the narcotic syrup was seized is sufficient to constitute a prima facie case for arrest.
- Whether the conditions prescribed under Section 482(2) of the Criminal Procedure Code are applicable to the grant of anticipatory bail in this case.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c)
Subjects
- anticipatory bail
- NDPS Act
- possession
- codeine syrup
- commercial quantity
- bail conditions
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29188 of 2026
Arising Out of PS. Case No.-361 Year-2025 Thana- KHAJANCHI HAT District- Purnia
======================================================
Md. Irshad, son of Md. Habibur Rahman, Resident of Babu Tola, Sadhuvely
(sadhauli), PS -Kasba, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate
Mr. Pranav Kumar Jha, Advocate
Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
K. Hat P.S. Case No. 361 of 2025 dated 02.09.2025 instituted
for the offence punishable under Sections 21(c) of the N.D.P.S.
Act.
3. Allegation is of recovery of total 9.900 litre Codine
Phosphate & Triprolidine Hydorchloride Syrup from a
motorcycle bearing Reg. No. BR11BL6911.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is further submitted that nothing has been recovered
Patna High Court CR. MISC. No.29188 of 2026(2) dt.06-05-2026
2/2
from the conscious possession of the petitioner. The petitioner
has been made accused in this case only on the basis that he is
owner of the said motorcycle. It is further submitted that the
seized Codeine Syrup is less than commercial quantity. Lastly, it
has been submitted that petitioner has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has
opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with K. Hat P.S. Case No.
361 of 2025, he will be released on bail upon furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Special Judge,
N.D.P.S. Act, Purnea subject to condition as laid down under
Section 482(2) of the B.N.S.S.
(Khatim Reza, J)
premchand/-
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