Patna High Court
Suraj Hadi @ Suraj HariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioner with conditions, finding that the procedural lapses and intermediate quantity did not preclude release.
Summary
The petitioner, Suraj Hadi, was arrested in connection with a railway case alleging possession of fifteen tablets of Lorazepam and Ativan and a mobile phone, and was charged under several provisions of the Bhartiya Nyaya Sanhita, 2023, the Narcotic Drugs and Psychotropic Substances Act, 1985, and the Railway Act. He contended that he was falsely implicated, that the seized items fell within the intermediate quantity category and not commercial quantity, and that the police failed to comply with Sections 42 and 50 of the NDPS Act and Section 103(4) of the B.N.S.S. regarding seizure and documentation. The State opposed the bail application, arguing the seriousness of the offences and the petitioner’s prior custody. The Court examined the procedural lapses, the nature of the alleged contraband, and the petitioner’s cooperation prospects, and concluded that bail could be granted with appropriate safeguards. Accordingly, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties and imposed conditions such as regular court appearances and non‑tampering with evidence. The order also stipulated that any breach of conditions could lead to cancellation of bail.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the nature of the offences under the B.N.S.S., NDPS Act and Railway Act?
- Did the police comply with statutory requirements under Sections 42, 50 of the NDPS Act and Section 103(4) of the B.N.S.S. in the seizure of the alleged narcotics?
- Does the quantity of the seized narcotics qualify as intermediate rather than commercial, affecting bail considerations?
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(4), 123, 317(4), 317(5), 3(5), 62
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(a), 42, 50, 8(c)
- Railway Act — s. 137, 147
Subjects
- bail
- NDPS Act
- Bhartiya Nyaya Sanhita
- Railway Act
- intermediate quantity
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71298 of 2025
Arising Out of PS. Case No.-70 Year-2025 Thana- KATIHAR GRP CASE District- Katihar
======================================================
Suraj Hadi @ Suraj Hari, S/o Late Krishna Hadi @ Late Krishna Hari R/o
Mohalla - Khokhsi Bag, Ward No.42, P.S.- Sadar, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Katihar
Rail P.S. Case No. 70 of 2025 dated 06.04.2025, instituted for the
offence punishable under Sections 123, 62, 317(5), 317(4), 3(5) of
Bhartiya Nyaya Sanhita, 2023 and Section 8(c) and 22(a) of
Narcotic Drugs and Psychotropic Substances Act, 1985 and
Sections 137, 147 of Railway Act.
3. The allegation is of recovery of total 15 tablets of
Lorazepam and Ativan containing 2 mg in each tablet and a mobile
from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner submits that nothing has
Patna High Court CR. MISC. No.71298 of 2025(3) dt.21-01-2026
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been recovered from the conscious possession of the petitioner.
The police did not follow Sections 42 and 50 of N.D.P.S. Act as
well as Section 103(4) of B.N.S.S., 2023. The recovery of the
seized articles comes within the intermediatory quantity and not
comes in the purview of commercial quantity. Lastly, it has been
submitted that the petitioner is in custody since 07.04.2025 having
one criminal case against him. Charge-sheet has been submitted in
the case.
5. Learned A.P.P. has opposed the prayer for bail of the
petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of the learned Sessions Judge, Katihar in Katihar
Rail P.S. Case No. 70 of 2025, as well as the following
conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
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preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. 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.
5. The petitioner within two weeks after his release
from custody shall appear before the local police
station along with a copy of this order and thereafter
shall appear in the first week of every month to mark
his attendance till the framing of charge in the trial
court.
(Khatim Reza, J)
premchand/-
U T
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