Patna High Court
Md. Safi Alam @ Md. Munna @ MunanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted bail to the petitioner subject to a cash bond, sureties, and stringent conditions.
Summary
The petitioner, Md. Safi Alam, was arrested in judicial custody for alleged possession of a country‑made pistol and 0.31 g of heroin, under an NDNDPS case and several IPC and Arms Act provisions. He contended that the seized items were recovered from an under‑construction building and that he was being held solely because of prior criminal antecedents. The State opposed bail, emphasizing the drug seizure and his criminal record. The Court noted the prolonged pre‑trial detention, the petitioner’s undertaking to appear regularly, and the lack of trial conclusion, and therefore granted bail with a cash bond and multiple sureties, imposing strict conditions on appearance, non‑interference with witnesses, and abstention from further offences. The bail order was conditioned on compliance with the stipulated terms, with cancellation provisions for any breach.
Issues considered
- Whether bail should be granted to the accused in an NDPS case involving possession of a firearm and narcotics, considering his criminal antecedents and the nature of the seized contraband.
Legislation cited
- Arms Act — s. 25(1-b)A, 26, 35
- Indian Penal Code — s. 399, 402, 411, 412, 413, 414
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 8(c)
Subjects
- bail
- NDPS Act
- Arms Act
- pre‑trial detention
- criminal antecedent
- judicial custody
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76041 of 2025
Arising Out of PS. Case No.-1499 Year-2022 Thana- PHULWARISHARIF District- Patna
======================================================
Md. Safi Alam @ Md. Munna @ Munan S/O Late Ali Raza R/O Village -
Chandapar, P.S- Masaurhi, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Digamber Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 06-02-2026 Heard Mr. Digamber Kumar Singh, learned counsel for
the petitioner and the State, Mr. Bharat Bhushan.
2. The petitioner is in judicial custody in connection
with Spl. (N.D.P.S.) Case No. 32 of 2023 in connection with
Phulwarisharif P.S. Case No. 1499 of 2022 instituted under
Section 399, 402, 411, 412, 413 and 414 of the Indian Penal Code,
Sections 25(1-b)A, 26 and 35 of the Arms Act and 8(c)/21 of the
N.D.P.S. Act lodged on 06.12.2022 by the informant Md. Safique
Alam.
3. As per the prosecution case, the Police intercepted an
under construction building and apprehended certain persons
including the petitioner and amongst other, from him, a country-
made pistol and a pouch containing 0.31 gm of smack
recovered/seized. This led to the FIR.
4. Learned counsel for the petitioner submits that
recovery/seizure is from an under construction building and the
Patna High Court CR. MISC. No.76041 of 2025(4) dt.06-02-2026
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seized items have been thrust upon him. He is in judicial custody
since 08.12.2022 only because he has criminal antecedents. The
further submission is that if granted relief, he shall be diligently
appearing in trial and shall not indulge in any criminal activity,
failing which, steps can be taken for cancellation of the bail bond.
5. Learned APP, Mr. Bharat Bhushan opposes the prayer
for bail submitting that not only he has criminal antecedent, there
is recovery/seizure of smack.
6. Taking into account the submission of the parties as
also the fact that the trial has not concluded, has remained in
custody for long, as recorded above, and an undertaking has been
given that he shall be diligently appearing in trial and shall not
indulge in any criminal activity, in that background, this Court is
inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like
amount each to the satisfaction of learned Court of Spl. Judge,
NDPS-I, Patna in connection with Phulwarisharif P.S. Case No.
1499 of 2022 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Driving License/Pan
Card) to show his/her bona fide;
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(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for till the conclusion of the trial to
mark his attendance and after the end of the period, the certificate
shall be submitted before the Trial Court failing which steps shall
be taken for the cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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