Patna High Court
Md. Javed @ Md. JawedversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The petitioner is entitled to bail and the court granted it subject to bond and sureties.
Summary
Md. Javed was arrested in connection with a case under the NDPS Act for allegedly possessing 2.9 kg of ganja, alleged to be more than the small quantity but less than commercial quantity. The petitioner claimed he was falsely implicated, noting the absence of independent witnesses to the seizure list. The State opposed his regular bail application. The court examined the FIR, the lack of independent witnesses, and the quantity involved, and concluded that the circumstances warranted bail. Consequently, the court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties of the same amount, subject to the Special Judge's satisfaction.
Issues considered
- Whether the petitioner is eligible for regular bail under Sections 8 and 20(b)(ii)(A) of the NDPS Act given the facts of the case.
- Whether the absence of independent witnesses to the seizure list and the quantity of narcotics affect the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(A), 8
Subjects
- NDPS Act
- bail
- drug possession
- seizure
- quantity
- independent witness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.470 of 2026
Arising Out of PS. Case No.-191 Year-2025 Thana- R S P.S. District- Araria
======================================================
Md. Javed @ Md. Jawed S/O Late Riyasat @ Md. Riyasat Hussain Resident
of Hariya Wade, Ward no.- 5, P.O.- Hadia Bara, P.S.- Araria R.S., District-
Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Choubey, Adv
For the Opposite Party/s : Mr.Kanhaiya Kishore (App.100)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
Araria R.S. P.S Case No. 191 of 2025 registered for the offences
punishable under Sections 8 & 20 (b) (ii) (A) of the NDPS Act.
3. As per allegation in the FIR, there is a recovery of
2.900 Kg of Ganja from the possession of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He next
submits that there is no independent witnesses to the seizure list.
Moreover, the alleged recovery is much less than commercial
quantity but more than the smaller quantity. It is also submitted
that petitioner is in judicial custody since 16.10.2025 having
Patna High Court CR. MISC. No.470 of 2026(2) dt.15-01-2026
2/2
two antecedent but not of similar nature.
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order dated
19.11.2025, it appears that there is no independent witnesses to
the seizure list. Moreover, the alleged recovery is much less than
commercial quantity but more than the smaller quantity. So,
considering the aforesaid facts and circumstances of the case
and submissions made on behalf of the learned counsel for the
petitioner, let the above named petitioner 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. Araria in connection with Araria R.S.
P.S Case No. 191 of 2025.
(Ramesh Chand Malviya, J)
Sunnykr/-
U
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