Patna High Court
Md. Saddam Miya @ Md. Sadam @ SaddamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Saddam Miya, was arrested in September 2023 for alleged possession of narcotic tablets, with the prosecution alleging recovery of 72 Nitravet‑10, 520 Tramol‑50 and 108 Spasmo‑Proxyvon tablets. He was charged under Sections 21(b) and 22(b) of the NDPS Act, and his earlier bail application was rejected in June 2024. On a second bail application, the Patna High Court noted the lengthy period of custody and the delay in trial proceedings. Considering these factors, the court allowed the bail application, directing the petitioner to furnish a Rs.10,000 bond with two sureties who are his blood relatives. Additional conditions were imposed, requiring the petitioner to appear at a police station in Nepal every Sunday and to cooperate with the trial by appearing in court or through counsel. Non‑compliance with any condition would result in cancellation of bail.
Issues considered
- Whether bail should be granted to an accused under Sections 21(b) and 22(b) of the NDPS Act given the duration of custody and trial delay.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 22(b)
Subjects
- NDPS Act
- bail
- drug possession
- custody duration
- trial delay
- conditions of bail
- Nepal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72955 of 2025
Arising Out of PS. Case No.-290 Year-2023 Thana- BIRPUR District- Supaul
======================================================
Md. Saddam Miya @ Md. Sadam @ Saddam S/O Md. Khalil Miya R/O
village- Koshinagar Palika, Bhantabari, ward no.08, P.S.- Bhantabari, District-
Sunsari, Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Shadab Alam Wazdi, Advocate
For the State : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with NDPS Case No.
48/2023 arising out of Birpur P.S. Case No. 290 of 2023
registered for the offence under Sections 21(b) of NDPS Act and
charge has been framed under Sections 21(b) and 22(b) of
NDPS Act. Earlier the bail application of the petitioner was
rejected vide order dated 26.06.2024 passed in Cr. Misc. No.
43560/2024.
3. As per the prosecution case, there is recovery of
72 pieces of Nitravet-10 tablets, 520 pieces of Tramol-50 tablets
and 108 pieces of Spasmo-Proxyvon Plust tablet from the
possession of the petitioner.
Patna High Court CR. MISC. No.72955 of 2025(3) dt.11-02-2026
2/2
4. The petitioner is in custody since 13.09.2023.
5. Considering the period of the custody and the
delay in the trial, this application is allowed.
6. Let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Special Judge NDPS-cum- Additional Session Judge-V,
Supaul/concerned Court below in connection with Birpur
(Bhimnagar O.P.) P.S. Case No. 290 of 2023 subject to the
following conditions:-
(i) Both the bailors shall be blood relative of the
petitioner.
(ii) The petitioner after being released on bail, is
directed to mark his attendance at Bhantabari Police
Station, District- Sunsari (Nepal) on every Sunday of the
month. Any default in appearance at the Police Station
will result in cancellation of bail bonds of the petitioner.
(iii) the petitioner after being released on bail is
directed to co-operate in the trial either by appearing
personally or through his lawyer in the Trial Court on
each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of
the bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.