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Patna High Court

Sahim MohammadversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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