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Patna High Court

Md. ShahjahanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because the seized quantity was below commercial quantity, no embargo under Section 37 NDPS applied, and the petitioner had a clean antecedent.

Summary

The petitioner, Md. Shahjahan, was arrested in connection with a case involving the seizure of 1,056 liters of codeine syrup and charged under several provisions of the IPC, NDPS Act, Drugs and Cosmetic Act, and Bihar Prohibition and Excise Act. He applied for bail, asserting a clean antecedent and contending that the total contraband (52.8 grams) is below the commercial quantity, thereby not attracting an embargo under Section 37 of the NDPS Act. The State opposed the bail, arguing the seriousness of the offences and non‑compliance with mandatory provisions of the NDPS Act. The Court examined the statutory framework, the quantity seized, and the petitioner’s record, concluding that the lack of embargo and the petitioner’s clean antecedent justified bail. Accordingly, the Court ordered bail on a bond of Rs.10,000 with two sureties and imposed conditions to ensure cooperation with the trial and prevent tampering with evidence.

Issues considered

  • Whether bail can be granted when the seized narcotic quantity is below the commercial quantity and no embargo under Section 37 of the NDPS Act applies.
  • Whether the petitioner’s clean antecedent and the nature of the offence warrant bail despite the charges under the IPC and other statutes.
  • Whether non‑compliance with mandatory provisions of the NDPS Act (Section 50) precludes bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • codeine syrup
  • clean antecedent
  • section 37 embargo
  • section 50 mandatory provisions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5737 of 2026
                         Arising Out of PS. Case No.-78 Year-2021 Thana- RAUTA District- Purnia
                 ======================================================
                 Md. Shahjahan S/o Late Jahangir R/o Village - Bagdhar, P.S - Amour, District
                 - Purnea At present R/o Village - Machhaila, P.S - Jokihat, District - Araria

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K.Agrawal, Sr.Advocate
                                          :       Mr.Bidhu Ranjan, Advocate
                 For the Opposite Party/s :       Mr.Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   29-04-2026                     Heard Mr. N.K.Agrawal, learned senior counsel

                   appearing for the petitioner and Mr.Ajay Kumar No. 2,

                   learned A.P.P. for the State.

                                 2. The petitioner seeks bail, who is in custody

                   since 07.10.2025 in connection with Rauta P.S. Case No. 78

                   of 2021, FIR dated 28.07.2021 instituted for the offences

                   under Sections 274,275,276 of IPC, Sections 21(C) of

                   N.D.P.S.Act,         Sections       27(b),28,27(d)          of    Drugs        and

                   Cosmetic Act and Section 30(a) of Bihar Prohibition and

                   Excise Act.

                                 3. Recovery is of 1056 liters of codeine syrup.

                                 4. Learned senior counsel appearing for the
Patna High Court CR. MISC. No.5737 of 2026(4) dt.29-04-2026
                                            2/4




          petitioner submits that the petitioner has clean antecedent.

          The allegation as alleged in the FIR is false and fabricated

          and the petitioner has not committed any offence as alleged

          in the FIR. He further submits that from a bare perusal of

          the FIR it appears that all the seizure list articles were

          recovered from the vehicle in question and altogether 10560

          bottles of codeine syrup was recovered from the vehicle in

          question and it appears that after the calculation that each

          bottle contains 5 Mg. “The total codeine content is

          calculated as follows: 10,560x5 Mg=52,850 Mg i.e. 52.8

          Grams”, the total contraband is 52.8 Grams which is below

          the commercial quantity. Hence, there is no embargo under

          Section 37 of the N.D.P.S.Act                   for grant of bail to the

          petitioner, apart from that, there is non-compliance of

          Section 50 of the NDPS Act                      and there is also non-

          compliance of the mandatory provisions of the NDPS Act

          and the police, after investigation, submitted chargesheet

          against the petitioner and the petitioner is in custody since

          07.10.2025.

                       5. Learned A.P.P. for the State, on the other hand,

          has vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.5737 of 2026(4) dt.29-04-2026
                                            3/4




                       6. Considering the aforesaid facts, petitioner has

          clean antecedent, recovered contraband is less than the

          commercial quantity and there is no embargo under Section

          37 of the N.D.P.S.Act for grant of bail to the petitioner, 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

          learned Additional District and Sessions Judge-II-cum-

          Special Judge (NDPS), Purnea in connection with Rauta

          P.S. Case No. 78 of 2021,with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the

          Court and on his/her absence on two consecutive dates

          without sufficient reason, his/her bail bond shall be

          cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or

          the witnesses, in that case, the prosecution will be at liberty

          to move for cancellation of bail.

                       (III) And, further condition that the court below

          shall verify the criminal antecedent of the petitioner and in
               Patna High Court CR. MISC. No.5737 of 2026(4) dt.29-04-2026
                                                           4/4




                         case at any stage, it is found that the petitioner has

                         concealed his criminal antecedent, the court below shall

                         take step for cancellation of bail bond of the petitioner.

                         However, the acceptance of bail bonds in terms of the

                         above-mentioned order shall not be delayed for purpose of

                         or in the name of verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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