Patna High Court
Md. Kursed @ KhursidversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the court was not convinced that the petitioner was not involved in the offence or would not re‑offend.
Summary
The petitioner, Md. Kursed @ Khursid, was arrested on 16‑10‑2025 in connection with a case involving the seizure of 1,454 bottles of Eskuf cough syrup, 4,200 Nitrazepam tablets, and cash totaling Rs. 25,965. He is charged under Sections 126(2), 115(2), 303(2), 109(1) and 3(5) of the BNS Act, 2023 and Section 27 of the Arms Act. The petitioner contends he is innocent, arguing that only the co‑accused’s confessional statement implicates him and that the seizure was made from the co‑accused’s premises, with alleged non‑compliance of Sections 42 and 50 of the NDPS Act. The prosecution points to the large quantity of narcotics, the co‑accused’s statement, and the petitioner’s two prior NDPS convictions. Relying on Section 37 of the NDPS Act and Supreme Court precedents, the court held that there is insufficient reason to believe the petitioner would not commit a similar offence if released. Consequently, the court refused bail.
Issues considered
- Whether bail should be granted in an NDPS case involving commercial‑quantity narcotics and prior convictions.
- Whether the petitioner’s alleged lack of involvement and the alleged procedural lapses (non‑compliance of Sections 42 and 50 NDPS) merit bail.
- Interpretation of Section 37 of the NDPS Act in light of Supreme Court jurisprudence.
Legislation cited
- Arms Act — s. 27
- BNS Act, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5)
- NDPS Act, 1985 — s. 37, 42, 50
Subjects
- bail
- NDPS Act
- commercial quantity
- narcotics
- prior convictions
- Section 37
- confessional statement
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83466 of 2025
Arising Out of PS. Case No.-59 Year-2025 Thana- JOGBANI District- Araria
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Md. Kursed @ Khursid S/O Nizam @ Md. Nazam Resident of village -
Amouna, Ward no.- 20, P.S - Jogbani, District - Araria
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 19-01-2026 Heard Mr. Gopal Kumar Jha, learned counsel for
the petitioner and Mr. Upendra Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.10.2025 in connection with Jogbani P.S. Case No. 59 of
2025, F.I.R. dated 26.05.2025 for the offences punishable under
Sections 126(2), 115(2), 303(2), 109(1) and 3(5) of the BNS,
2023 and Section 27 of the Arms Act.
3. Recovery is of 1454 bottles of Eskuf cough syrup
(Codeine Phosphate & Triprolidine Hydrochloride Syrup),
Nitrazepam Tablets IP 10 mg total 4200 tablets and Indian
currency total Rs. 17,000/- and Nepali currency of Rs. 8,965/-.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case merely on the basis of confessional statement of the
Patna High Court CR. MISC. No.83466 of 2025(3) dt.19-01-2026
2/3
co-accused, Umar Farooq and except the aforesaid, no other
cogent material has come during investigation which suggest the
involvement of the petitioner in the present occurrence. He
further submits that it appears from the seizure list that the
recovery has been made from shop and house of the co-accused.
He further submits that there is non-compliance of Section 42
and 50 of the NDPS Act.
5. Learned Additional Public Prosecutor on the other
hand vehemently opposed the prayer for bail of the petitioner
and submits that upon search 1454 bottles of Eskuf cough syrup
(Codeine Phosphate & Triprolidine Hydrochloride Syrup),
Nitrazepam Tablets IP 10 mg total 4200 tablets and Indian
currency total Rs. 17,000/- and Nepali currency of Rs. 8,965/-
were recovered and the apprehended co-accused person has
disclosed that the petitioner was also involved in the present
crime in question. Apart from the aforesaid, the petitioner
carries two criminal antecedents other than the present one and
both the cases pertains to NDPS matter.
6. The grant of bail in NDPS cases where the recovery
of commercial quantity of narcotic is alleged is circumscribed
under Narcotic Drugs and Psychotropic Substance Act, 1985,
Section 37 which says that before grant of bail, the Court must
Patna High Court CR. MISC. No.83466 of 2025(3) dt.19-01-2026
3/3
have reason to believe that petitioner has not committed the
offence and in the event of release he would not commit similar
offence.
7. The issue was considered by the Hon’ble Supreme
Court in the case of State of Kerala and Ors. Vs. Rajesh and
Ors. reported in (2020) 12 SCC, 122 as well as in the case of
Narcotic Control Bureau Vs. Mohit Aggarwal reported in
AIR 2022 SC 3444 and Union of India vs. Ajay Kumar Singh
@ Pappu reported in 2023 SCC OnLine SC 3456 dated
28.03.2023.
8. The recovery of huge quantity of contraband would
not justify that the petitioner had no knowledge of the narcotic
nor there is any material to substantiate that the petitioner would
not commit such offence in the event of release.
9. Considering the aforesaid facts and circumstances, I
am not inclined to enlarge the petitioner on bail in connection
with Jogbani P.S. Case No. 59 of 2025 pending in the Court of
learned Sessions Judge cum Special Judge NDPS Act, Araria.
10. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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