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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure (CrPC) — s. 438(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 21(c), 22
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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