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Patna High Court

Md. SajidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.

Summary

The petitioner, Md. Sajid, was arrested on 22 October 2025 in connection with a case involving the recovery of 6.84 grams of a narcotic (Smack) and a mobile phone, as well as alleged possession of arms. He filed a bail petition, arguing that the quantity of narcotic was less than the commercial quantity, invoking the absence of an embargo under Section 37 of the NDPS Act, and noting that a co‑accused had already been granted bail. The State opposed bail, citing the petitioner’s involvement in two other pending cases, though it admitted he was on bail in those matters. The Court considered the facts, the quantity of the contraband, the precedent of bail to the co‑accused, and the petitioner’s alleged innocence, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to several conditions including cooperation with the trial and verification of criminal antecedents. The order directed the Special Judge of the Exclusive Special Court‑I (NDPS), Muzaffarpur, to implement the bail without delay for verification purposes.

Issues considered

  • Whether bail should be granted to the petitioner given the quantity of narcotic seized and the nature of the offences under the NDPS and Arms Acts.
  • Whether the existence of other pending cases against the petitioner precludes bail in the present case.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics
  • quantity of contraband
  • Arms Act
  • criminal procedure
  • preliminary hearing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31322 of 2026
                      Arising Out of PS. Case No.-299 Year-2025 Thana- KARJA District- Muzaffarpur
                 ======================================================
                 Md. Sajid S/o Md. Shabir R/o Vill- Serukahi, P.S.- Kanti, District-
                 Muzaffarpur, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vibhuti Kumar, Advocate
                 For the Opposite Party/s :        Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-05-2026                     Heard Mr. Vibhuti Kumar, learned counsel for the

                   petitioner and Mr. Pradeep Narain Kumar, learned APP for the

                   State.

                                  2. Petitioner seeks bail, who is in custody since

                   22.10.2025, in connection with Karja P.S. Case No. 299 of 2025,

                   F.I.R. dated 21.10.2025 registered for the offences punishable

                   under Sections 317(2), 317(5), 3(5) of the B.N.S., Sections 8

                   (c),21 of N.D.P.S. Act and Section 25(1-b)a, 26, 35 of the Arms

                   Act.

                                 3. The case relates to recovery of 6.84 grams of

                   Smack as well as mobile phone from the possession of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.31322 of 2026(2) dt.07-05-2026
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          present case. He further submits that it appears from the F.I.R. as

          well as seizure list that arms has been recovered from the

          possession of co-accused person, namely, Karan Kumar and from

          the possession of the petitioner 15 puriyas containing a Smack like

          substance weighing 6.840 grams along with mobile phone were

          also recovered. He further submits that the recovered contraband is

          less than the commercial quantity but more than the small quantity,

          so there is no embargo under Section 37 of the N.D.P.S. Act to

          enlarge the petitioner on bail. He further submits that co-accused

          person, namely, Amar Kumar has been granted bail by this Court

          vide order dated 27.04.2026 passed in Cr. Misc. No. 27990 of

          2026 and the police after investigation submitted chargesheet

          against the petitioner and the petitioner is in custody since

          22.10.2025.

                       5. Learned APP for the State, on the other hand,

          vehemently opposed the prayer for                bail of the petitioner and

          submits that the petitioner carries two more cases other than the

          present one but fairly submits on the basis of paragraph-3 of the

          bail petition that the petitioner is on bail in the pending matters.

                       6. Considering the facts and circumstances of the case

          and the fact that the recovered contraband is less than the

          commercial quantity but more than the small quantity as well as

          co-accused person has been granted bail by this Court, let the
Patna High Court CR. MISC. No.31322 of 2026(2) dt.07-05-2026
                                            3/4




          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of learned Special Judge,

          Excclusive Special Court-I (N.D.P.S.), Muzaffarpur in connection

          with Karja P.S. Case No. 299 of 2025, subject to the following

          conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and on

          his absence on two consecutive dates without sufficient reason, his

          bail bond shall be cancelled by the Court below.

                       (2) If the petitioner tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move for

          cancellation of bail.

                       (3) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at any

          stage, it is found that the petitioner has concealed his criminal

          antecedent, the court below shall take step for cancellation of bail

          bond of the petitioner. However, the acceptance of bail bonds in

          terms of the above-mentioned order shall not be delayed for

          purpose of or in the name of verification.

                       (3) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at any
               Patna High Court CR. MISC. No.31322 of 2026(2) dt.07-05-2026
                                                           4/4




                         stage, it is found that the petitioner has concealed his criminal

                         antecedent, the court below shall take step for cancellation of bail

                         bond of the petitioner. However, the acceptance of bail bonds in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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