Patna High Court
Md. ShahjahanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 274, 275, 276
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(C), 37, 50
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
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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
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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.
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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
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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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