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Patna High Court

Parwej Alam @ Parwez AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner.

Summary

Petitioner Parwej Alam applied for bail in a criminal miscellaneous case concerning alleged violations of Sections 20(b)II(c), 23, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985. No counsel appeared for the petitioner, while the State was represented by Advocate on Record Kanhiya Kishor. The State produced a counter‑affidavit indicating that only one witness (PW‑7) remained to be examined. The court examined the affidavit and, noting that the trial was still pending with only one witness left, concluded that the circumstances did not warrant the grant of bail. Consequently, the petition for bail was rejected.

Issues considered

  • What is the appropriate decision on the bail application in an NDPS case where only one witness remains to be examined?

Legislation cited

Subjects

  • bail
  • NDPS Act
  • criminal procedure
  • witness examination
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51747 of 2025
                   Arising Out of PS. Case No.-278 Year-2021 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Parwej Alam @ Parwez Alam Son of Sikander Miya @ Sikandar Miyan R/o
                 Village- Anand Sagar Gamharia, PS - Palanwa, Dist- East Champaran
                 (Motihari)
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      None
                 For the Opposite Party/s :      Mr. Kanhiya Kishor, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   24-02-2026                  1. No one appears on behalf of the petitioner. Learned

                   A.P.P. for the State is present.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 20(b)II(c), 23, 25 and 29 of

                   the Narcotic Drugs & Psychotropic Substances Act, 1985.

                                3. Learned A.P.P. submits that a counter affidavit duly

                   sworn by the Superintendent of Police, Gopalganj has been

                   filed.

                                4. The office is directed to trace the counter affidavit

                   and place the same with the records of the case.

                                5. The Court has perused the counter affidavit

                   supplied by the learned A.P.P. and from perusal of the same, it

                   manifests that only one witness remains to be examined, i.e.,

                   P.W. 7.
           Patna High Court CR. MISC. No.51747 of 2025(5) dt.24-02-2026
                                                       2/2




                                  6. The case relates to the NDPS and since only one

                     witness remains to be examined, as such, the Court is not

                     inclined to release the petitioner on bail in connection with

                     Kuchaikote P.S. Case No. 278 of 2021 pending in the Court of

                     learned       Additional         District       and      Sessions   Judge,

                     Gopalganj/Successor Court.

                                  7. Hence, the prayer for bail is rejected.


                                                                           (Satyavrat Verma, J)

Kundan/-

U     T


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