Created by Fuzzy Cloud

Patna High Court

Sheikh ParvejversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.