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Patna High Court

Md. Parvej @ Md. Parvej Alam @ Md. Parwez AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
Patna High Court CR. MISC. No.82475 of 2025(3) dt.11-02-2026
                                            3/4




          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,
           Patna High Court CR. MISC. No.82475 of 2025(3) dt.11-02-2026
                                                       4/4




                                   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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