Patna High Court
Md. Gulshad @ FuleversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Md. Gulshad @ Fule, was arrested in connection with a case involving the recovery of two pistols, live cartridges, and 53 grams of brown sugar, of which 11.53 grams were recovered from him. He has been in custody since 16 December 2025 and faces charges under Sections 317(5) and 3(5) of the Bihar Narcotic Substances Act, Sections 25(1‑Ba), 26 and 35 of the Arms Act, and Sections 8(c), 21(c) and 22(c) of the NDPS Act. The petitioner pleaded innocence and applied for bail. The court considered the relatively small quantity of narcotics recovered from him and his period of custody, and consequently allowed the bail application. He was released on a bail bond of Rs. 10,000 with two sureties and ordered to appear at the police station every Sunday, with non‑appearance leading to bail cancellation.
Issues considered
- Whether bail should be granted to the accused in a case involving possession of arms and a small quantity of narcotics under the NDPS and Arms Acts.
Legislation cited
- Arms Act, 1959 — s. 25(1‑Ba), 26, 35
- Bihar Narcotic Substances Act — s. 317(5), 3(5)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c), 8(c)
Subjects
- bail
- NDPS Act
- Arms Act
- narcotics
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44651 of 2026
Arising Out of PS. Case No.-446 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Md. Gulshad @ Fule Son of Mohammad Mobarak Hussain @ Md. Mubarak
Resident of Village- Bhelwa Tola, Ward No. 17, P.S.- Jaynagar, District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Jha
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
G.R. NDPS Case No. 116 of 2025 arising out of Jaynagar P.S.
Case No. 446 of 2025 registered for the offence under Sections
317(5), 3(5) of the BNS and under Sections 25(1-B)a, 26, 35 of
the Arms Act and under Sections 8(c), 21(c), 22(c) of the NDPS
Act.
3. As per the prosecution case, the total recovery is
of 2 country made pistols, some live cartridges and about 53
grams of Brown Sugar from the accused persons out of which
11.53 grams of Brown Sugar has been recovered from the
petitioner.
Patna High Court CR. MISC. No.44651 of 2026(2) dt.08-07-2026
2/2
4. The petitioner is in custody since 16.12.2025.
5. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case.
6. Considering the quantum of recovery from the
petitioner and his period of custody, this application is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with GR
(NDPS) Case No. 116 of 2025 arising out of Jaynagar P.S. Case
No. 446 of 2025.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Jaynagar Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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