Patna High Court
NasiruddinversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was dismissed as the Court was not inclined to grant bail in the circumstances.
Summary
The petitioner, Nasiruddin, a resident of Assam, was arrested in Bihar and charged under Sections 8(c), 21(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged involvement in the recovery of 372 grams of heroin. He has been in custody since 9 May 2026 and filed an application for regular bail, claiming that he is innocent and that the seized narcotics were recovered from other persons travelling with him. The prosecution’s case links him to the illegal narcotics business in Bihar, noting his presence in the state for that purpose. The petitioner’s counsel argued that there was no direct recovery from him and that his residence in Assam should be a factor in granting bail. The Court examined the seriousness of the offence, the quantity of heroin involved, and the petitioner’s alleged role in the narcotics trade. Concluding that the circumstances did not warrant bail, the Court dismissed the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act in view of the alleged recovery of 372 grams of heroin.
- Whether the fact that the narcotics were not recovered directly from the petitioner affects his eligibility for bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- heroin
- regular bail
- criminal procedure
- narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44614 of 2026
Arising Out of PS. Case No.-426 Year-2026 Thana- NAGAR District- Vaishali
======================================================
Nasiruddin S/O Iman Ali R/O Village- Rangali Bar, Kandloli, P.S.- Bijali,
Distt.- Nagaon Assam.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar
For the Opposite Party/s : Mr.Rina Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard the parties.
2. The petitioner seeks regular bail in connection with
Hajipur Town P.S. Case No. 426 of 2026 registered for the
offence under Sections 8(c), 21(c), 25 and 29 of the NDPS Act.
3. As per the prosecution case, the recovery is of 372
grams of Heroin.
4. The petitioner is in custody since 9.5.2026.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that there is no recovery from the
petitioner and the recovery is from other persons who were
travelling with the petitioner. He next submits that the petitioner
is resident of Assam.
6. From the records of the case, it appears that the
Patna High Court CR. MISC. No.44614 of 2026(2) dt.08-07-2026
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petitioner is a resident of Assam and for the illegal business of
Narcotics, he came to Bihar.
7. In view of the above, this Court is not inclined to
grant bail to the petitioner.
8. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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