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Patna High Court

Md. IsrafilversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.

Summary

The petitioner, Md. Israfil, was arrested for possession of 19.2 litres of triprolidine hydrochloride and codeine phosphate syrup, alleged to be more than a 'small quantity' under the NDPS Act, and charged under IPC sections 279, 337, 338 and NDPS sections 20 and 22. An earlier bail application was rejected, but the court had earlier permitted a renewal of the bail plea after six months. More than eight months have elapsed since that order, and the petitioner has been in custody for over two years and five months. The State opposed the bail, citing the large quantity of narcotics. After hearing both sides, the court considered the prolonged detention, the earlier rejection, and the petitioner’s undertaking to cooperate, and ordered that bail be granted on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail can be granted in an NDPS case where the seized quantity exceeds the statutory 'small quantity' threshold
  • Whether the prolonged pre‑trial detention of over two years justifies granting bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • small quantity
  • drug possession
  • Indian Penal Code
  • pre‑trial detention
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30999 of 2026
                    Arising Out of PS. Case No.-314 Year-2023 Thana- HARLAKHI District- Madhubani
                 ======================================================
                 Md. Israfil S/o Taslim R/o Village - Mahinathpur, P.S - Basopatti, District -
                 Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gagan Deo Yadav, Advocate
                                                 Mr. Vinod Kumar, Advocate
                                                 Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :      Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   01-05-2026                   Heard learned counsel for the parties.

                                 2. The petitioner has renewed his prayer for grant of

                   regular bail in connection with NDPS (GR) no.85 of 2023,

                   arising out of Harlakhi P.S. Case no.314 of 2023 registered

                   under sections 279, 337 and 338 of the Indian Penal Code and

                   sections 20 and 22 of the NDPS Act.

                                 3. As per the prosecution case, 192 bottles of 100 ml

                   each i.e. 19.2 litres of triporlidine hydrochloride and codeine

                   phosphate syrup was recovered from the petitioner’s possession

                   which is said to be more than small quantity as per the NDPS

                   Act.

                                 4. Learned counsel for the petitioner submits that the

                   earlier prayer for bail of the petitioner was rejected vide order dated
           Patna High Court CR. MISC. No.30999 of 2026(2) dt.01-05-2026
                                                       2/2




                     18.7.2025 passed in Cr. Misc. no.47632 of 2025 giving liberty to the

                     petitioner to renew his prayer for bail after six months. It has been

                     more than eight months since the passing of the said order. The

                     petitioner undertakes to cooperate in the trial.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations against the petitioner in

                     the FIR, the observation given in the last order of rejection dated

                     18.7.2025 and the petitioner having remained in custody for

                     over 2 years 5 months since 2.12.2023, the Court directs the

                     petitioner to be enlarged on bail in connection with Harlakhi P.S.

                     Case no.314 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees

                     Ten Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned District and Additional Sessions Judge-

                     V, Madhubani.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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