Patna High Court

Md. Parvez @ Md. ParwezversusThe State of Bihar

Decided: 20 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Md. Parvez, feared arrest in a case registered under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession and trafficking of various narcotic preparations seized from an e‑rickshaw. The prosecution alleged that the seized items, including codeine‑containing cough syrup, Nitravet, Nitrazip, and tramadol capsules, belonged to the petitioner, who had allegedly instructed the driver to deliver them across the border. The petitioner applied for anticipatory bail, seeking protection from arrest pending trial. The Court examined the seriousness of the offences, the nature of the seized contraband, and the risk of the petitioner absconding or tampering with evidence. Considering these factors, the Court declined to grant anticipatory bail and ordered the petitioner to surrender within four weeks to obtain regular bail. The order is limited to the anticipatory bail application and does not prejudice the petitioner’s position in subsequent proceedings.

Issues considered

Whether anticipatory bail can be granted in a case under Sections 21 and 22 of the NDPS Act.
Whether the facts disclosed justify denial of anticipatory bail on grounds of seriousness of offence and risk of tampering or absconding.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22

Subjects

anticipatory bail
NDPS Act
drug trafficking
seizure of narcotics
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3878 of 2025
                        Arising Out of PS. Case No.-155 Year-2024 Thana- JOGBANI District- Araria
                 ======================================================
                 Md. Parvez @ Md. Parwez Son of Md Anif Resident of Village and Post -
                 Rampur, PS- Forbesganj, District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun Kumar
                 For the Opposite Party/s :        Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-02-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Jogbani P.S. Case No. 155 of 2024 registered for offences under

                   Sections 21 and 22 of the NDPS Act.

                                3. As per the prosecution case, The prosecution case,

                   in brief, is that during the course of patrolling, at about 9:16

                   AM., the informant, namely N. Ranjit Singh ASI, 56th

                   Battallion, SSB Bathnaha, stopped an e-rickshaw coming from

                   the side of Forbesganj on suspicion. A sack found on the e-

                   rickshaw was searched, in which Eskuf Cough Syrup (Codeine

                   Phosphate & Triprolidine Hydrochloride)—90 bottles, each 100

                   ml (total 9 liters); Nitravet 10 (10 mg)—2,220 tablets (total

                   22,200 mg); Nitrazip 10 (10 mg)—1,500 tablets (total 15,000
Patna High Court CR. MISC. No.3878 of 2025(4) dt.20-02-2026
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          mg); and Spasmoproxyvon Plus (Tramadol Hydrochloride)—

          2,160 capsules, each containing 50 mg Tramadol Hydrochloride

          were found. The driver of the e-rickshaw, namely Irshad,

          disclosed that the alleged articles belonged to Md. Parwez, who

          had given them to him for delivery at the border. A seizure list

          was prepared. On the basis of the written report, the present case

          was registered.

                       4. Considering the allegations levelled against the

          petitioner, this Court is not inclined to grant the privilege of

          anticipatory bail to the petitioner in the present case.

                       5. Accordingly, the application for anticipatory bail is

          hereby rejected.

                       6. The petitioner is directed to surrender in the court

          below within a period of four weeks from today and seek

          regular bail, failing which the Superintendent of Police, Araria

          will take all steps for the arrest of the petitioner.

                       7. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present application

          and shall not prejudice the case of the petitioner at any

          subsequent stage of the proceedings.

                       8. Let a copy of this order be communicated to the

          Superintendent of Police, Araira through FAX for its compliance
            Patna High Court CR. MISC. No.3878 of 2025(4) dt.20-02-2026
                                                        3/3




                      forthwith.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T

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