Patna High Court
Md. SajidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act — s. 317(2), 317(5), 3(5)
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 37, 8(c)
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
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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
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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
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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//-
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