Patna High Court
Sheikh ParvejversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Sheikh Parvej, was arrested on 24 August 2025 in connection with a case under Section 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly possessing 120 bottles of codeine‑containing cough syrup. The seizure was made from the residence of his brother, Md. Shabir @ Raja, and no contraband was recovered from the petitioner’s own possession. The petitioner filed a bail petition, arguing that the charges were based merely on suspicion and that his co‑accused had already been granted bail by a coordinate bench. The State opposed bail, noting that the petitioner is involved in two other similar cases, though one of those cases has not yet led to remand. Considering the lack of direct recovery from the petitioner and the bail already granted to the co‑accused, the Court ordered his release on bail subject to a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, attendance, and non‑tampering with evidence. The bail order also directed that verification of the petitioner’s criminal antecedents should not delay the acceptance of the bond.
Issues considered
- What is the appropriate bail disposition for an accused under Section 21(c) of the NDPS Act when no narcotic substance has been recovered from his personal possession?
Legislation cited
Subjects
- bail
- NDPS Act
- Section 21(c)
- codeine
- possession
- seizure
- co‑accused
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77576 of 2025
Arising Out of PS. Case No.-180 Year-2025 Thana- BELA District- Sitamarhi
======================================================
Sheikh Parvej S/O Chhote @ Md. Chhote @ Md. Chote R/O Machhpakauni,
Ward No. 7, P.S- Bela, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Madhubala Verma, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mrs. Madhubala Verma, learned counsel for
the petitioner and Mr. Amitesh Kumar, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
24.08.2025, in connection with Bela P.S. Case No. 180 of 2025,
F.I.R. dated 23.08.2025 registered for the offences punishable
under Sections 21(c) of the N.D.P.S. Act.
3. The case relates to recovery of 120 bottles each of
100 ml ONEROX cough syrup containing codeine.
4. Learned counsel for the petitioner submits that it
appears from the F.I.R. as well as seizure list that nothing has
been recovered from the possession of the petitioner rather
recovery has been made from the house of co-accused person
namely Md. Shabir @ Raja who happens to be the brother of
Patna High Court CR. MISC. No.77576 of 2025(3) dt.21-01-2026
2/3
petitioner and petitioner has been made accused on the basis of
suspicion that he was fled away from the place of occurrence
and the said co-accused person, namely, Md. Shabir @ Raja has
been granted bail by a Coordinate Bench of this Court vide
order dated 15.01.2026. She further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 24.08.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries two more cases
of similar nature but fairly submits that the petitioner has not
been remanded in the second case i.e. Bela P.S. Case No. 13 of
2025 under Section 21(c) of the N.D.P.S. Act.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and co-accused person has been
granted bail by a Coordinate Bench of this Court, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned Sessions
Judge-cum-Special Judge (N.D.P.S.) Act, Sitamarhi in
connection with Bela P.S. Case No. 180 of 2025, subject to the
Patna High Court CR. MISC. No.77576 of 2025(3) dt.21-01-2026
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following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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