Patna High Court
Md. Mustafiqur @ Md. Sarfaraz Ansari @ Guddu@ Md. SarfarajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs. 10,000 bond with two sureties.
Summary
The petitioner, Md. Mustafiqur, applied for bail in a case registered under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where 11 litres of cough syrup and Rs. 24,080 were seized from a co‑accused’s house. The petitioner argued that he was falsely implicated, had no possession of the contraband, no prior criminal record, and had been in judicial custody since 18‑11‑2025. The State opposed bail, contending the seriousness of the NDPS offences. After hearing both sides, the Court found the petitioner’s claim credible, noted the lack of direct evidence against him, and considered his clean antecedents. Consequently, the Court ordered his release on bail upon furnishing a Rs. 10,000 bond with two sureties, subject to the satisfaction of the Principal District and Sessions Judge, Bhagalpur.
Issues considered
- Whether bail can be granted to an accused under Sections 20 and 22 of the NDPS Act in the absence of direct possession evidence
- Whether the petitioner’s lack of criminal antecedents and the fact that he is only implicated through a co‑accused’s statement justify bail
Legislation cited
Subjects
- bail
- NDPS Act
- drug offences
- criminal procedure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3988 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- Bypass District- Bhagalpur
======================================================
Md. Mustafiqur @ Md. Sarfaraz Ansari @ Guddu@ Md. Sarfaraj, Son of Md.
Abbas, Resident of village - Naya Tola Puraini, Police Station - Jagdishpur,
District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md.Najmul Hodda, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bypass P.S. Case No. 81 of 2025 registered for the offence
punishable under Sections 20 and 22 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the house of the co-accused Md. Hasim, altogether 11 liters of
cough syrup and Rs. 24,080/- were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. His name has surfaced only on the statement of co-
accused. Nothing has been recovered from his possession. It has
Patna High Court CR. MISC. No.3988 of 2026(2) dt.06-02-2026
2/2
further been submitted that Md. Hasim has already been
granted bail by this Court vide Cr. Misc. No. 58513 of 2025.
The case of this petitioner stands on better footing. He is having
no criminal antecedent and he is languishing in judicial custody
since 18.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Principal District and Sessions Judge, Bhagalpur in connection
with Bypass P.S. Case No.81 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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