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Patna High Court

Md. Kursed @ KhursidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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.
           Patna High Court CR. MISC. No.73452 of 2025(4) dt.03-02-2026
                                                       3/3




                                  (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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