Patna High Court
Sahim MohammadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail should not be granted and rejected the regular bail application.
Summary
The petitioner, Sahim Mohammad, was arrested in connection with offences under the Bihar Prohibition and Excise Act, 2018 and the NDPS Act. He filed a regular bail application, which was his second attempt after an earlier bail denial on 26‑04‑2024. The High Court, after hearing counsel for both sides, examined the seriousness of the charges and the prior order. Finding no sufficient ground to grant bail, the Court declined to release the petitioner. Consequently, the bail application was rejected.
Issues considered
- What is the appropriate discretion of the court in granting regular bail to a person accused of offences under the Bihar Prohibition and Excise Act, 2018 and the NDPS Act?
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 23, 25, 29, 8
Subjects
- bail
- NDPS Act
- Prohibition and Excise Act
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73118 of 2025
Arising Out of PS. Case No.-523 Year-2023 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Sahim Mohammad son of Mohfil Mian Resident Of Village- Tikuliya Ps-
Muffasil District -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.Iii
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 26-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Motihari Mufassil P.S. Case No. 523 of 2023 registered for the
offences punishable under Sections 30(a), 32 and 41(i) of the
Bihar Prohibition and Excise Act, 2018 and Sections 8, 20(b)(ii)
(c), 23, 25 and 29 of the NDPS Act.
3. This is the second attempt of the petitioner to seek
regular bail. The Court has gone through the order dated
26.04.2024 in Cr. Misc. No.1655 of 2024, as such is not inclined
to release the petitioner on bail.
4. The regular bail application of the petitioner stands
rejected.
(Satyavrat Verma, J)
amit/-
U T
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