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Patna High Court

Sajjad @ Md. Sajjak Baitha @ Md. SajjakversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the seized contraband exceeded commercial quantity, invoking the bar under Section 37 of the NDPS Act.

Summary

The petitioners, three residents of Amouna village, sought anticipatory bail in a case registered as Jogbani P.S. Case No. 59 of 2025 under Section 21(c) of the NDPS Act, alleging that they were falsely implicated based on a co‑accused's confessional statement. The prosecution disclosed the seizure of 1,454 bottles of Eskuf cough syrup and 4,200 tablets of Nitrazepam 10 mg, quantities exceeding the commercial threshold. The petitioners argued they had no criminal antecedents and no contraband was found in their possession. The State opposed bail, invoking Section 37 of the NDPS Act and relying on the Supreme Court’s decision in Hira Singh v. Union of India (2020) 20 SCC 272, which holds that neutral substances must be counted in determining commercial quantity. The Court held that the seized quantity, being above commercial limits, triggered the statutory bar on bail. Consequently, the petition for anticipatory bail was rejected and the petitioners were directed to surrender for regular bail within six weeks.

Issues considered

  • Whether anticipatory bail can be granted when the seized narcotic/psychotropic substances exceed commercial quantity under Section 37 of the NDPS Act
  • Whether the inclusion of neutral substances in the total seized quantity precludes bail
  • Whether a confessional statement of a co‑accused suffices to justify denial of anticipatory bail

Legislation cited

Subjects

  • NDPS Act
  • anticipatory bail
  • commercial quantity
  • Section 37
  • narcotic drugs
  • psychotropic substances
  • confessional statement
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6266 of 2026
                        Arising Out of PS. Case No.-59 Year-2025 Thana- JOGBANI District- Araria
                 ======================================================
           1.     Sajjad @ Md. Sajjak Baitha @ Md. Sajjak Son of Alauddin @ Haiya Baitha
                  Resident of village- Amouna, Ward no. 02, Ps- Jogbani, Dist- Araria
           2.    Imtaz @ Md. Imtiyaj son of Abdul Rahman @ Md. Rahman Resident of
                 village- Amouna, , Ps- Jogbani, Dist- Araria
           3.    Md. Razaq Vaitha @ Md. Razaq @ Razaq son of Sarfan Baitha @ Chappa
                 Baitha Resident of village- Amouna, , Ps- Jogbani, Dist- Araria

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gopal Kumar Jha
                 For the Opposite Party/s :       Mr.Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners apprehend their arrest in connection

                   with Jogbani P.S. Case No. 59 of 2025, instituted for the

                   offences under Section 21(c) of the NDPS Act.

                               3. Prosecution allegation, in short, is that total 1454

                   bottles of Eskuf Cough Syrup and 4200 Nitrazepam Tablets IP

                   10mg recovered in this case.

                               4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. The petitioners have got no criminal antecedent.
Patna High Court CR. MISC. No.6266 of 2026(2) dt.03-02-2026
                                            2/3




          There is no allegation of tampering of witnesses alleged against

          the petitioners. No incriminating article has been recovered

          from the conscious possession of the petitioners. Learned

          counsel further submits that name of the petitioners transpires in

          this case on the basis confessional statement of co-accused

          Umar Farooq.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners. Learned

          A.P.P. submits that recovered contraband is above the

          commercial quantity, hence, there is bar under Section 37 of the

          N.D.P.S. Act. Learned A.P.P. has further relied upon a case of

          Hon’ble Supreme Court since reported in (2020) 20 SCC 272

          (Hira Singh and Another versus Union of India and Another)

          in which the Hon’ble Apex Court held that in case of seizure of

          mixture of narcotic drugs or psychotropic substance with one or

          more neutral substance(s), the quantity of neutral substance(s) is

          not to be excluded and to be taken into consideration along with

          actual content by way of offending drug while determining the

          “small or commercial quantity” of narcotic drugs or

          psychotropic substance.

                       6. Considering the aforesaid facts and circumstances

          of the case and recovery of contraband beyond commercial
           Patna High Court CR. MISC. No.6266 of 2026(2) dt.03-02-2026
                                                       3/3




                     quantity coupled with embargo under Section 37 of the N.D.P.S.

                     Act, this Court is not inclined to grant bail to the petitioners.

                                  7. The prayer of the petitioners for grant of

                     anticipatory bail is rejected. The petitioners are directed to

                     surrender before the learned court below within six weeks and

                     seek regular bail.



                                           (Rudra Prakash Mishra, J)
manish/-

U


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