Patna High Court
TABREJ ALAM @ TABREJ SHEIKH @ SHEIKH TABREJ @ TABREJversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for bail was dismissed, as the court held that the call data records indicated sufficient participation in the NDPS offence to deny bail.
Summary
The petitioner, Tabrej Alam, sought bail in a criminal case under Section 21(C) of the NDPS Act, where 200 grams of cocaine were seized from a co-accused. The prosecution relied on the call data records (CDR) of the co-accused, showing telephone conversations with the petitioner at the relevant time, to allege his participation. The petitioner argued that he had no physical possession of any narcotic, maintained a clean antecedent, and that the conversation was merely with a co‑villager and not incriminating. The State opposed bail, contending that the CDR indicated active involvement in the drug offence. The Court considered the seriousness of the NDPS charge and the evidentiary value of the CDR, and concluded that the petitioner’s alleged participation warranted denial of bail. Consequently, the bail petition was rejected.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 21(C) of the NDPS Act based on telephone conversation evidence.
- Whether call data records alone establish sufficient participation to deny bail.
Legislation cited
Subjects
- NDPS Act
- bail
- drug offence
- call data records
- Section 21(C)
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52443 of 2024
Arising Out of PS. Case No.-723 Year-2023 Thana- SITAMARHI District- Sitamarhi
======================================================
Tabrej Alam @ Tabrej Sheikh @ Sheikh Tabrej @ Tabrej Son Of Sheikh Kar
Mullah @ Fedar Resident Of Village And P.S. - Nakardei, District - East
Champaran
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kant Singh, Advocate
For the Opposite Party/s : Mr.Ram Anurag Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 05-02-2026 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 21(C) of the NDPS Act.
3. As per prosecution case, 200 grams Cocaine was
recovered from apprehended co-accused. CDR of his mobile
phone revealed that said co-accused was in conversation with
this petitioner at the relevant time.
4. Learned counsel appearing for the petitioner
submits that the petitioner is innocent and has falsely been
implicated in this case. No incriminating article has been
recovered from the conscious possession of the petitioner.
Apprehended co-accused is co-villager of the petitioner, as such,
conversation on mobile phone may not be suspicious. Petitioner
claims clean antecedent.
5. Learned counsel for the State opposes the prayer
for bail. He submits that CDR of apprehended co-accused
reflects active participation of the petitioner in the alleged
offence.
6. Considering the nature and gravity of accusation,
Patna High Court CR. MISC. No.52443 of 2024(4) dt.05-02-2026
2/2
prayer for bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashi/-
U T
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