Patna High Court

Md. Riyashat Sah @ Md. Riyasat SahuversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Bail was granted to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Md. Riyashat Sah, was arrested in connection with a seizure of 13.20 grams of a narcotic substance, although the seized drug was found on a co-accused and the petitioner’s involvement was limited to ownership of the motorcycle used. He was charged under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and had been in custody since 23 October 2025. The petitioner argued that he had no direct possession of the narcotics, the quantity was only of intermediate size, and he had no prior criminal record. The State opposed bail, citing the seriousness of the offence. The Court, noting the lack of direct possession, the petitioner’s clean antecedent, and the duration of pre‑trial detention, ordered that bail be granted on a bond of Rs. 10,000 with two sureties, subject to the condition of physical presence in court for each trial date.

Issues considered

Whether bail should be granted to a person charged under Sections 8(c) and 21(b) of the NDPS Act when the narcotic was not recovered from his possession.
Whether the intermediate quantity of the seized narcotic and the petitioner’s clean antecedent justify bail.
Whether the period of pre‑trial detention warrants bail.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)

Subjects

bail
NDPS Act
possession
intermediate quantity
clean antecedent
sureties
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7207 of 2026
                    Arising Out of PS. Case No.-532 Year-2025 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Md. Riyashat Sah @ Md. Riyasat Sahu Son of Md. Jahangir Resident of
                 Village - Chandi Aaga Tola, Ranipatra, P.S.- Mufassil, District- Purnea

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bidhu Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   10-02-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Section 8(c) and 21 (b) of the

                   N.D.P.S. Act.

                                   3. As per the prosecution case, on a tip-off the

                   police apprehended two persons along with a motorcycle and

                   seized 13.20 grams of smack. The said motorcycle is in the

                   name of the petitioner.

                                   4. It is submitted by learned counsel for the

                   petitioner that from a bare reading of the F.I.R., it would be

                   clear that no recovery has been made from the conscious

                   possession of this petitioner rather it is only the motorcycle

                   upon which the co-accused was riding, belonged to the
Patna High Court CR. MISC. No.7207 of 2026(2) dt.10-02-2026
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          petitioner. Further, the recovery of 13.20 grams of smack like

          substance was made from the possession of the co-accused, Md.

          Habib and it was upon his disclosure the name of another co-

          accused, Sabina Perween has transpired in this case from whom

          some more recovery was made. It has been argued that in any

          view of the matter, the quantity is of intermediate quantity little

          over small and much less than commercial quantity but the

          petitioner is not concerned with the alleged recovery. The

          petitioner has no criminal antecedent and has been languishing

          in custody since 23.10.2025.

                          5. Learned APP for the State opposed the bail

          petition.

                          6. Taking into consideration the facts and

          circumstances of the case and considering the fact that no

          recovery has been made from the possession of the petitioner

          coupled with the fact that he has clean antecedent and is in

          custody since 23.10.2025, the above named petitioner is

          directed to 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

          Purnia Sadar P.S. Case No.532 of 2025, subject to the conditions
            Patna High Court CR. MISC. No.7207 of 2026(2) dt.10-02-2026
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                      that the petitioner shall remain physically present in court on

                      each and every date during trial and in the event of failure on

                      two consecutive dates without sufficient reasons, his bail bonds

                      shall be liable to be cancelled by the learned court concerned.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T

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