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Patna High Court

Md. Safeullah @ SahphullahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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