Patna High Court
Md Sarfool @ Md SaifulversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Md Sarfool, was arrested in connection with a case registered under the NDPS Act for alleged possession of 99.41 grams of brown sugar, alleged to be a contraband under Sections 8(c) and 21(b) of the NDPS Act. The petitioner contended that he was falsely implicated, that the seizure was not carried out in accordance with Section 105 of the Bihar Narcotic Substances Act, and that the quantity seized was far below a commercial amount. He also highlighted his clean criminal record and that he had been in judicial custody since 18 February 2026. The State opposed the bail application, arguing the seriousness of the offence. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Special Judge, NDPS Act, Araria.
Issues considered
- Whether bail should be granted in an NDPS case involving possession of 99.41 grams of brown sugar.
- Whether the seizure complied with Section 105 of the Bihar Narcotic Substances Act.
- Whether the quantity seized constitutes a commercial quantity warranting denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- possession
- brown sugar
- seizure
- Section 105
- commercial quantity
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30275 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- KASBA District- Purnia
======================================================
Md Sarfool @ Md Saiful S/O Mohammad Hanif @ Md. Hanif @ Md Hashim
R/O Village- Dhankhaniya, Ward No.-14, Gurhi Kasba, P.S.- Kasba, Distt.-
Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr, Adv,
Mr. Kumar Rajdeep, Adv.
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with N.D.P.S. Case arising out of Kasba P.S. Case No. 66 of
2026 registered for the offence punishable under Sections 8(c)
and 21(b) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that
altogether 99.41 grams of brown sugar was recovered from the
house of the 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. He also submits that nothing has been recovered from the
Patna High Court CR. MISC. No.30275 of 2026(2) dt.06-05-2026
2/2
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He further submits
that the alleged recovery of contraband is though more than
small quantity but is much less than commercial quantity.
Moreover, a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 18.02.2026.
5. The application for bail is opposed by learned APP
for the State.
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 Special
Judge, NDPS Act, Araria in connection with Baisi P.S. Case No.
66 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.