Patna High Court
Md. IsrafilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Indian Penal Code — s. 279, 337, 338
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22
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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