Patna High Court
Hifazuddin @ HefajuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to monetary and attendance conditions.
Summary
Hifazuddin was arrested in connection with a case under Sections 8(c) and 21(b) of the NDPS Act for the recovery of 101.59 grams of a brown sugar‑like substance. He had been in custody since 12 March 2025 and had previously filed two bail applications that were rejected. The petitioner’s counsel argued that he was innocent, the trial had not progressed beyond charge framing, and the prolonged detention was unjustified. The court considered the modest quantity of narcotics, the length of custody, and the delay in trial, and decided to grant regular bail. Bail was ordered on a bond of Rs.10,000 with two sureties, subject to monthly police‑station attendance and cooperation with the trial proceedings.
Issues considered
- Whether regular bail should be granted to the accused under the NDPS Act given the quantity of narcotics seized, the period of custody, and the delay in trial.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- NDPS Act
- regular bail
- bail conditions
- delay in trial
- quantity of narcotics
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3049 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- DIGHALBANK District- Kishanganj
======================================================
Hifazuddin @ Hefajuddin Son of Late Naimuddin Resident Of Village
-Haldaband, Ward No 7, Ps -Dighalbank, District -Kishanganj
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisu Zzoha
For the Opposite Party/s : Mr.Mohammed Arif
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the third attempt of the petitioner for grant
of regular bail in connection with Dighalbank P.S. Case No. 50
of 2025 registered for the offence under Sections 8(c), 21(b) of
the NDPS Act. On the earlier two occasions, the application for
grant of the bail has been rejected vide orders dated 15.05.2025
and 7.11.2025 passed in Cr. Misc. No. 30619 of 2025 and Cr.
Misc. No. 70244 of 2025 respectively.
3. The recovery is of 101.59 grams of brown sugar
like substance.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 12.03.2025.
5. Learned counsel for the petitioner further submits
Patna High Court CR. MISC. No.3049 of 2026(3) dt.10-04-2026
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that the trial is not proceeding as only charges have been
framed.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. In these circumstances, considering the quantum of
recovery, the period of custody of the petitioner and the delay in
the trial, this application is allowed.
8. Let the petitioner, above named, 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
the learned concerned Court below in connection with
Dighalbank P.S. Case No. 50 of 2025, subject to the condition
that the petitioner will co-operate in the trial.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Dighalbank Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
10. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
Patna High Court CR. MISC. No.3049 of 2026(3) dt.10-04-2026
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of the condition will result in cancellation of the bail bonds of
the petitioner.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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