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Patna High Court

Md. Javed @ Md. Javed AkhtarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Md. Javed, was arrested as a pillion rider on a motorcycle from which twenty litres of cough syrup were seized, leading to charges under Sections 21(c) and 22 of the NDPS Act, 1985. He contended that the motorcycle did not belong to him and that he had no involvement with the seized material, having been in custody since 4 January 2026. The State opposed his bail application. The Court, noting the lack of ownership and the petitioner’s limited role, decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The Court clarified that its observations were prima facie and not indicative of the case’s merits.

Issues considered

  • Whether bail should be granted to an accused under Sections 21(c) and 22 of the NDPS Act when the accused is only a pillion rider and does not own the vehicle from which the narcotic substance was seized.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug seizure
  • pillion rider
  • Section 438 CrPC
  • Section 482 Bhartiya Nagarik Suraksha Sanhita
  • preliminary observation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30014 of 2026
                        Arising out of PS. Case No.-3 Year-2026 Thana- Kotwali District- Darbhanga
                 ======================================================
                 Md. Javed @ Md. Javed Akhtar S/o Md. Mustkim R/o Mohalla - Bhatiyari
                 Sarai, Ward No.- 17, P.S- Kotwali, Dist.- Darbhanga
                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Baidyanath Prasad, Advocate
                 For the Opposite Party/s :        Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   06-05-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Kotwali P.S. Case No.

                   03 of 2026 registered for the offences punishable under Sections

                   21(c) and 22 of NDPS Act, 1985.

                               3. The allegation is that twenty liters of cough syrup

                   was recovered from the motorcycle and the petitioner is said to

                   be a pillion rider.

                               4. Learned counsel for the petitioner submits that the

                   said motorcycle does not belong to the petitioner and the

                   petitioner had no concern with the seized material. He further

                   submits that the petitioner is merely said to be a pillion rider and

                   he is in custody since 04.01.2026.

                               5. Learned Additional Public Prosecutor for the State

                   has vehemently opposed the prayer for bail of the petitioner.
                       Patna High Court CR. MISC. No.30014 of 2026(2) dt.06-05-2026
                                          2/2




                     6. Considering that the said motorcycle does not

           belong to the petitioner and the petitioner is in custody since

           04.01.2026, this Court is inclined to grant bail to the petitioner.

                     7.    Let     the     petitioner,       above       named,        be

           released on bail on furnishing bail bond of Rs.

           10,000/- (Ten thousand) with two sureties of the like

           amount each to the satisfaction of the learned Sessions

           Judge cum special Judge (NDPS) Act, Dharbhanga in

           connection with Kotwali P.S. Case No. 03 of 2026,

           subject to the conditions as laid down under Section

           438(2) of the Code of Criminal Procedure / Section

           482(2) of the Bhartiya Nagarik Suraksha Sanhita.

                     9. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of           adjudication of            the     present        bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                          (Ansul, J)
Vikash/-

U      T


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