Patna High Court
Md. Kursed @ KhursidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to monetary sureties and specific conditions.
Summary
The petitioner, Md. Kursed @ Khursid, was arrested in connection with a case involving 2,397 bottles of codeine‑containing cough syrup recovered from nine sacks, alleged under Sections 21(c), 22, 23 of the NDPS Act and Section 111 of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed false implication, noting that no incriminating material was found in his possession and that the recovered contraband was below commercial quantity, rendering Section 37 of the NDPS Act inapplicable and indicating non‑compliance of Sections 42 and 50. Despite two prior criminal antecedents, the court considered the circumstances, the period of custody since July 2025, and the lack of evidence directly linking the petitioner to the seized drugs. The State opposed bail, but the court was inclined to grant it, imposing a bail bond of Rs. 15,000 with two sureties and conditions regarding family surety, appearance at trial, and non‑tampering with evidence or witnesses. Consequently, the petitioner was released on bail subject to these conditions.
Issues considered
- Whether bail should be granted to the accused in a case under the NDPS Act involving quantities below commercial threshold and alleged non‑compliance of statutory provisions.
- Whether the petitioner’s prior criminal antecedents and the nature of the offence preclude bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 22, 23, 37, 42, 50
Subjects
- bail
- NDPS Act
- codeine
- contraband
- commercial quantity
- criminal antecedents
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73452 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- Bathnaha District- Araria
======================================================
Md. Kursed @ Khursid S/o Nizam R/o Village- Amauna, Ward No. 20, P.S.-
Jogbani, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr.Ram Naresh Ray, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in Bathnaha P.S. Case No.
38 of 2025 instituted for the offences under Sections 21(c), 22,
23 of the NDPS Act and Section 111 of the Bharatiya Nyaya
Sanhita, 2023.
3. Prosecution allegation, in short, is that total 2397
bottles of Eskuf Cough Syrup (100ml each) containing Codeine
Phosphate has been recovered from nine sacks.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioner is in
custody since 15.07.2025 and has two criminal antecedents.
There is no allegation of tampering of witnesses alleged against
Patna High Court CR. MISC. No.73452 of 2025(4) dt.03-02-2026
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the petitioner. No incriminating material has been recovered
from the conscious possession of the petitioner. Petitioner has
no concern with the alleged recovery. The apprehended co-
accused has disclosed the name of petitioner. The recovered
contraband is below commercial quantity, and hence, Section 37
of the N.D.P.S. Act is not applicable in the present case. There is
no compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bathnaha P.S. Case
No. 38 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the prosecution will have liberty to move for
cancellation of bail.
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(III) 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.
(Rudra Prakash Mishra, J)
manish/-
U T
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