Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court denied bail, holding that the large quantity of narcotics recovered justifies refusal of regular bail under the NDPS Act.
Summary
The petitioner, Md. Rubel Saikh, was arrested on 31 October 2024 and charged under Sections 20(b)(ii)c, 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of 500 grams of brown sugar. He applied for regular bail, claiming innocence, lack of prior record and that the allegations are based merely on suspicion. The State opposed the bail, emphasizing the large quantity of narcotics recovered. The Court examined the statutory provisions governing bail in NDPS cases and the seriousness attached to large seizures. Considering the substantial amount of narcotics, the Court held that bail could not be granted at this stage. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail should be granted to an accused under Sections 20(b)(ii)c, 21, 22 and 29 of the NDPS Act when a large quantity of narcotics is seized
- Whether the presence of a clean antecedent and claim of innocence outweighs the statutory presumption against bail in NDPS cases
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)c, 21, 22, 29
Subjects
- bail
- NDPS Act
- narcotics seizure
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4150 of 2025
Arising Out of PS. Case No.-125 Year-2024 Thana- Shivnarayanpur District- Bhagalpur
======================================================
Md. Rubel Saikh @ Rubal Seikh @ Md. Rubel Shekh S/O Jiyaul Haque R/O
Vill.- Kalichak, P.S.- Kalichak, Dist.- Malda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha
For the Opposite Party/s : Mr. Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 19-04-2025 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Shivnarayanpur P.S. Case No. 125 of 2024, registered for the
offence under Sections 20(b)(ii)c, 21, 22, 29 of the N.D.P.S. Act.
3. There is recovery of 500 grams of brown sugar
recovered from the possession of the petitioner who is in jail
since 31.10.2024.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. The name
of the petitioner has come on the basis of suspicion. The
petitioner has clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer
for bail.
Patna High Court CR. MISC. No.4150 of 2025(3) dt.19-04-2025
2/2
6. Considering the huge quantity of recovery, this
application stands rejected for the present.
(Sandeep Kumar, J)
Ranjeet/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.