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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 2(d)
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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