Patna High Court
Parwej Alam @ Parwez AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
- Narcotic Drugs & Psychotropic Substances Act, 1985 — s. 20(b)II(c), 23, 25, 29
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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