Patna High Court
Md. Chhote @ Md. Salim @ Md. ZasimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to a bond of Rs. 15,000 with two sureties and specified conditions.
Summary
The petitioner, Md. Chhote, sought bail in a case under Sections 21(c) and 29 of the NDPS Act, where 60 bottles (6 litres) of Onerex cough syrup were recovered from the house of his brother, a co‑accused. The petitioner claimed he was not present at the scene, no incriminating material was found on him, and the prosecution had not complied with Sections 42 and 50 of the NDPS Act. The State opposed bail, arguing the seriousness of the drug recovery. The High Court, noting the recovery was from a co‑accused’s premises and the lack of direct evidence against the petitioner, decided to grant bail. Bail was set at Rs. 15,000 with two sureties and conditions requiring the petitioner’s appearance at every trial date and cancellation of bail upon two consecutive defaults.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act in view of the recovery of narcotic substances from a co‑accused’s house and the alleged non‑compliance of Sections 42 and 50 of the Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 29, 42, 50
Subjects
- bail
- NDPS Act
- Section 21(c)
- Section 29
- Section 42
- Section 50
- drug offence
- cough syrup seizure
- co‑accused
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84091 of 2025
Arising Out of PS. Case No.-188 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Md. Chhote @ Md. Salim @ Md. Zasim Md. Abbas @ Md. Abbash Resident
of Village - Khajasarai, Police Station - Leheriasarai, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner, learned APP for
the State and perused the case diary.
2. The petitioner seeks bail in connection with
Laheriasarai (L.Sarai) P.S. Case No. 188 of 2025, instituted for
the offences punishable under Sections 21(c) and 29 of the
NDPS Act.
3. Prosecution allegation, in short, is that there is recovery
of 60 bottles of Onerex cough syrup (100 ml. each) from the
house of the brother of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
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possession of the petitioner. Learned counsel for the petitioner
also submits that the petitioner was not present at the place of
occurrence. The alleged recovery has been made from the house
of co-accused, namely, Md. Bare @ Md. Nasim and the
petitioner is the brother of co-accused person. The petitioner is
in custody since 04.09.2025 and has got three criminal
antecedents. There is no compliance of Sections 42 and 50 of
the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner and submits that
total 6 liters cough syrup has been recovered in this case.
6. Considering the aforesaid facts and circumstances of
the case and specifically taking into account the fact that
recovery is made from other co-accused person, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Laheriasarai
(L.Sarai) P.S. Case No. 188 of 2025, subject to the following
conditions:
(I) One of the bailors shall be own/close member of the
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family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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