Patna High Court
Sajjad @ Md. Sajjak Baitha @ Md. SajjakversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 37
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
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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
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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
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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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