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Patna High Court

Md. Jahid Ali @ Jahid RainversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Md. Jahid Ali, was arrested in connection with a case alleging possession of a country‑made pistol, live cartridges and 2 kg of ganja, charged under sections 25(1‑B)a, 26 and 35 of the Arms Act and sections 8/20(b)(ii), (B), 25 and 29 of the NDPS Act. He applied for regular bail, contending that the contraband was not in his conscious possession, that the seizure violated Section 105 of the Bihar Narcotic Substances Act, and that he had been falsely implicated despite his criminal antecedents. The State opposed the bail. The court examined the seriousness of the offences, the alleged procedural lapses in the seizure, and the petitioner’s prolonged pre‑trial detention since May 2023, and decided to grant bail on a bond of Rs 10,000 with two sureties and conditions of cooperation, regular court attendance and weekly police‑station reporting.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under the Arms Act and NDPS Act.
  • Whether the alleged violation of Section 105 of the Bihar Narcotic Substances Act in the seizure renders the evidence inadmissible for bail considerations.
  • Whether the petitioner’s criminal antecedents and the quantity of contraband justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • NDPS Act
  • seizure procedure
  • Section 105
  • criminal antecedents
  • possession of illegal arms
  • narcotics

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7750 of 2026
                      Arising Out of PS. Case No.-42 Year-2023 Thana- DEODHA District- Madhubani
                 ======================================================
                 Md. Jahid Ali @ Jahid Rain Son of Md. Rahmat Ali R/o - Bharatpur, Virendra
                 Bazar, District - Dhanusha, Nepal.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 25 (1-B)a,

                   26 and 35 of the Arms Act and Section 8/20 b (ii), (B), 25 and

                   29 of the NDPS Act.

                                3. The prosecution case is that a country-made pistol

                   along with live cartridges was recovered from the possession of

                   the petitioner. In addition thereto, 2 kg of ganja is alleged to

                   have been recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.7750 of 2026(2) dt.12-02-2026
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          connection with the present case. It is further submitted that

          nothing was recovered from the conscious possession of the

          petitioner. It is further submitted that the witnesses to the seizure

          list are all police personnel and the policewere not followed the

          mandatory provisions of Section 105 of the B.N.S.S. at the time

          of seizure. It is further submitted that the petitioner has been

          falsely implicated in the present case on account of his criminal

          antecedents. It is further submitted that although the contraband

          allegedly recovered is more than small quantity, it is much less

          than    commercial         quantity.     Moreover,   the   petitioner   is

          languishing in judicial custody since 16.05.2023.

                       5.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Dewdah (Deodha) P.S. Case No. 42 of

          2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Additional Sessions Judge -IV cum Special Judge,

          NDPS Act, Madhubani, subject to the condition that he shall

          cooperate in the trial, remain physically present on each and
            Patna High Court CR. MISC. No.7750 of 2026(2) dt.12-02-2026
                                                        3/3




                      every date fixed by the court, and mark his attendance once

                      every week at the concerned Police Station until conclusion of

                      the trial.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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