Patna High Court
Md. Parvej @ Md. Parvej Alam @ Md. Parwez AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that bail must be granted to the petitioner, subject to the conditions of Section 480(3) of the BNSS.
Summary
The petitioner, Md. Parvej, was arrested in connection with a narcotics case (Araria P.S. Case No. 524 of 2023) under Sections 21, 22 and 23 of the NDPS Act after a co‑accused’s confessional statement named him as an associate. No narcotic substance was recovered from the petitioner’s possession and the only allegation against him rests on the co‑accused’s statement, which the petitioner’s counsel argued lacks legal sanctity. The State opposed bail, contending that the petitioner was involved in the trade of narcotic drugs. The Court considered the absence of any material recovery from the petitioner, the doubtful nature of the allegation, the grant of bail to other co‑accused, and the petitioner’s prior bail in another case. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties and subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act when the only evidence is a co‑accused’s confessional statement and no material has been recovered from him
- Whether the conditions prescribed under Section 480(3) of the BNSS are applicable in this bail application
Legislation cited
- Bihar Negotiable Instruments Act (BNSS) — s. 480(3)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 22, 23
Subjects
- bail
- NDPS Act
- narcotics
- confessional statement
- Section 480(3) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82475 of 2025
Arising Out of PS. Case No.-524 Year-2023 Thana- ARARIA District- Araria
======================================================
Md. Parvej @ Md. Parvej Alam @ Md. Parwez Alam, S/o- Late Md. Abid @
Abid Hussain, Resident of Village- Bansbari, Ward No-7, P.S- Araria,
District-Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Kumar, Advocate
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Araria P.S. Case No. 524 of 2023, registered for
the alleged offence under Sections 21, 22 and 23 of the NDPS
Act.
3. As per prosecution case, a secret informant was
received about storage of intoxicating substance at the house of
co-accused Md. Kamran and 5-6 other persons who were
involved in the trade of narcotic substance. A raid was
conducted and the co-accused Md. Naushad Alam was
apprehended while trying to flee away from the spot and the co-
accused Md. Kamran fled away during the raid. On search of
Patna High Court CR. MISC. No.82475 of 2025(3) dt.11-02-2026
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the house of the co-accused Md. Kamran, 727.7 liters codeine
containing cough syrup has been seized. The name of the
petitioner came up in the confessional statement of apprehended
co-accused as one of his associates.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
person/possession of this petitioner, who has been named in this
case merely on suspicion on the basis of confessional statement
of co-accused Md. Naushad Alam. But such statement has no
legal sanctity. A number of co-accused persons have been
granted bail by different Co-ordinate Benches of this Court vide
orders dated 28.02.2024, 29.02.2024, 22.04.2024 and
13.12.2024 passed in Cr. Misc. Nos.54588/2023, 79778/2023,
74727/2023 and 84280/2024, respectively. The case of the
petitioner is on much better footing than the co-accused Md.
Kamran from whose house recovery has been made. The
petitioner is in custody since 30.08.2025 and charge sheet has
been submitted. The petitioner is having antecedent of one case
and he is on bail in that case.
5. Learned APP vehemently opposes the submission
made on behalf the petitioner. The learned APP submits that
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commercial quantity of contraband has been recovered from the
house of co-accused and the petitioner and others actively
helped in his trade of narcotic drugs and psychotropic substance.
6. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
fact that no recovery has been shown from this petitioner and
further considering the doubtful nature of allegation against the
petitioner and further considering the grant of bail to co-accused
persons and also considering the submission of charge sheet and
period of custody of the petitioner, he is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned District & Sessions Judge-IV, Araria/court concerned,
in connection with Araria P.S. Case No. 524 of 2023, subject to
the conditions mentioned in Section 480 (3) of BNSS and also
the following conditions :
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
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the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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