Patna High Court
Md. Safeullah @ SahphullahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and conditions of appearance.
Summary
The petitioner, Md. Safeullah, was arrested in connection with a case registered under Sections 8(c) and 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after 2.7 litres of codeine‑containing cough syrup was seized from his residence. The petitioner contended that the seizure was false, that the syrup was in joint possession with other family members, and that the mandatory provisions of search and seizure were violated due to the absence of an independent witness. He also highlighted his clean criminal record and that he had been in custody since 22‑Nov‑2025. The State opposed the bail application. The High Court, after considering the modest quantity seized, the joint possession claim, and the fact that a charge‑sheet had already been filed, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding appearance and possible cancellation of bail.
Issues considered
- Whether bail should be granted to the accused in an NDPS case involving alleged procedural lapses in the seizure of codeine syrup.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 8(c)
Subjects
- bail
- NDPS Act
- codeine syrup
- search and seizure
- joint possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6271 of 2026
Arising Out of PS. Case No.-390 Year-2025 Thana- Sahayak Khajanchi District- Purnia
======================================================
Md. Safeullah @ Sahphullah S/O Late Md. Alauddin Resident of Village-
Madhopara, near Purani Masjid, PS- Sahayak Khajanchi, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra
Mr. Vivekanand Jha
Ms. Isha Mishra
For the State : Mr. Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 8(c), 21(c) of the N.D.P.S.
Act.
3. Total 2.700 litres of codeine syrup has been
recovered from the house of the petitioner.
4. Learned counsel for the petitioner has submitted
that a false recovery of 2.700 litres of cough syrup containing
codeine has been recovered from the house of the petitioner
which was under the joint possession of other family members
also. Further, there is no independent witness to the seizure list
and as such, the mandatory provisions of search and seizure
have been violated. It has also been submitted that the petitioner
having no criminal antecedent is in custody since 22.11.2025.
5. Learned APP for the State has opposed the
Patna High Court CR. MISC. No.6271 of 2026(3) dt.26-02-2026
2/2
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the recovery of
the syrup is not huge and has been made from the joint
possession of the petitioner and other family members and
further charge-sheet has already been submitted, let the above
named petitioner, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with
Khajanchi P.S. Case No. 390 of 2025, subject to the conditions
that:
(I) One of the bailors will be a family
member/close relative.
(II) The petitioner shall appear on each and every
date till conclusion of trial and also getting the charges framed if
the petitioner does not appear on two consecutive dates without
any substantial and satisfactory reason, the learned court below
would be at liberty to cancel his bail bonds.
(Soni Shrivastava, J)
devendra/-
U T
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