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Patna High Court

MD. TAJversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Md. Taj, was arrested in connection with a bag containing two mobile phones, 240 grams of ganja, data cables, intoxicating tablets and his Aadhar card, which was intended for a person named Ayush Kumar. He was charged under Section 188 of the IPC, Section 45(12) of the Prisoner Act and Section 22(a) of the NDPS Act. The petitioner argued that he was not a relative of Ayush Kumar, was not caught handing over the contraband, and had no prior criminal record, having been in custody since 14‑02‑2026. The State opposed bail. The Court, noting the petitioner’s lack of direct involvement and clean antecedent, decided to grant bail on a bond of Rs.10,000 with two sureties, emphasizing that the order was only prima facie for the bail application and would not affect the trial. Consequently, the petitioner was released on bail pending further proceedings.

Issues considered

  • Whether bail should be granted to the petitioner under the charges of Section 188 IPC, Section 45(12) Prisoner Act and Section 22(a) NDPS Act.
  • Whether the petitioner’s lack of direct participation in the alleged contraband transfer and absence of prior criminal record justify bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Prisoner Act
  • IPC
  • drug possession
  • contraband
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 39284 of 2026
                 Arising out of PS. Case No.-37 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Md. Taj S/o Md. Muslim R/o Village- Sudhi Asthan, Ward No 27, Po- Bihat,
                 Ps- Barauni, District- Begusarai                         .. ... Petitioner/s
                                                  Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Krishna Chandra, Adv.
                 For the Opposite Party/s :      Mr. Pramod Kumar Pandey, 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 Town P.S. Case No. 37

                   of 2024 registered under Section 188 of IPC, 45 (XII) Prisoner

                   Act and 22(a) of NDPS Act.

                               3. The allegation is that during inspection of

                   article/bags supplied by relatives/prisoners one bag was found

                   containing two mobile phones, ten packets of Ganja weighing

                   240 Gms, two data cables and 96 pieces of intoxicating tablets

                   were recovered. The Aadhar Card of the petitioner was also

                   found in that bag. The bag was meant for one Ayush Kumar.

                                4. Learned counsel for the petitioner submits that he is

                   neither relative of Ayush Kumar nor he has any concern with

                   him. He further submits that the petitioner was not caught

                   handing over the material. It is also submitted that the petitioner

                   is in custody since 14.02.2026 and has no criminal antecedent.
                Patna High Court CR. MISC. No. 39284 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 that the petitioner was not caught

           handing over the material and he is in custody since 14.02.2026

           having no criminal antecedent, 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 Special Judge NDPS Act

           and P.O. of Children Court, Begusarai in connection

           with Town P.S. Case No. 37 of 2024.

                      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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