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Patna High Court

Mohammad Kudus @ Md. KudusversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court held that, considering the petitioner’s clean record, custody period, and the contention that the seized items are not narcotic drugs under Section 2(d) of the NDPS Act, bail should be granted.

Summary

Mohammad Kudus was arrested in Bairgania for allegedly possessing 28 strips of Nitrazepam tablets and 21 bottles of Onerex cough syrup, leading to charges under Section 21(c) of the NDPS Act. The petitioner applied for bail, arguing that the seized substances are not narcotic drugs under Section 2(d) of the NDPS Act and that there is no jurisdictional basis to proceed. The State opposed the bail application. The court noted the petitioner’s lack of prior criminal record and his custody since 13 March 2026, and found the argument on the non‑narcotic nature of the drugs persuasive. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, emphasizing that its observations were prima facie and not a determination on the merits of the case.

Issues considered

  • Whether the petitioner is entitled to bail under the NDPS Act given the alleged possession of substances that may not be classified as narcotic drugs under Section 2(d).
  • Whether the court has jurisdiction to entertain the case if the seized items are not narcotic drugs.
  • Whether the petitioner’s clean criminal record and duration of custody justify the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotic drug
  • jurisdiction
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 39247 of 2026
                     Arising Out of PS. Case No.-76 Year-2026 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
                 Mohammad Kudus @ Md. Kudus son of Md. Sagir Ansari Resident of
                 Village - Gaur, Ward No. 5, P.S. - Gaur, District - Rautahat, Nepal
                                                                                .. ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.    The Union of India through the S.S.B. Sitamarhi bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dinesh Jha, Adv.
                 For the Opposite Party/s :       Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Bairgania P.S. Case No.

                   76 of 2026 registered under Section 21 (c) of NDPS Act.

                               3. The allegation is that the petitioner was caught with

                   28 strips of Nitrazepam Tablet and 21 bottles of 100 Ml Onerex

                   cough syrup (Total 2.1 liters).

                                4. Learned counsel for the petitioner relies upon the

                   order passed in Cr. Misc. No. 14466 of 2026 where it has been

                   held that in view of Section 2(d) of the NDPS Act, the drug

                   itself is not narcotic drug then there is no jurisdictional basis for

                   the case and the Court would not have a reason to go into the

                   question of quantities. He further submits that the petitioner has

                   no criminal antecedent and is in custody since 13.03.2026.
                Patna High Court CR. MISC. No. 39247 of 2026(2) dt.17-06-2026
                                            2/2




                     5. Learned Additional Public Prosecutor for the State

           has vehemently opposed the prayer for bail of the petitioner.

                     6. Considering the aforesaid circumstances of the case

           and the fact that the petitioner has no criminal antecedent and is

           in custody since 13.03.2026, this Court is inclined to grant bail

           to the petitioner.

                     7. Let the petitioner, above named, be released

           on bail on furnishing bail bonds of Rs. 10,000/- (Ten

           thousand) with two sureties of the like amount each to

           the satisfaction of learned Sessions Judge cum Special

           Judge (NDPS Act), Sitamarhi, in connection with

           Bairgania P.S. Case No. 76 of 2026.

                      8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of            adjudication of             the     present   bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                           (Ansul, J)
Vikash/-

U      T


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