Patna High Court
Md. Jahid Ali @ Jahid RainversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1‑B)a, 26, 35
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(B), 20(b)(ii), 25, 29, 8
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
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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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