Patna High Court
Md. IrshadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Md. Irshad was arrested in connection with a Forbesganj police case for alleged offences under sections 8(c) and 21(b) of the Narcotic Drugs & Psychotropic Substances (NDPS) Act. He petitioned for regular bail, contending that the recovery of the narcotic contraband was falsely shown, that mandatory provisions of sections 42, 50 and 57 of the NDPS Act were not complied with, and that there was no independent witness to the search. The State opposed the bail. The court noted that the main prosecution witnesses are police personnel and that granting bail would not prejudice the trial, especially since the investigation was complete and the quantity involved is intermediate. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.20,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the accused under the NDPS Act despite alleged procedural lapses in search and seizure and the nature of the offence.
Legislation cited
- Narcotic Drugs & Psychotropic Substances Act — s. 21(b), 42, 50, 57, 8(c)
Subjects
- bail
- NDPS Act
- search and seizure
- procedural compliance
- intermediate quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86127 of 2025
Arising Out of PS. Case No.-500 Year-2025 Thana- FORBESGANJ District- Araria
======================================================
Md. Irshad Son of Md. Mustakim @ Mustakin Resident of village - Rampur
South, Ward No.- 03, P.S.- Forbesganj, Dist.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Adv.
For the Opposite Party/s : Mr. Suman Kumari Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 Heard Mr. Ramesh Kumar Singh, learned counsel
for the petitioner and Mr. Suman Kumari Singh, learned APP for
the State.
2. Petitioner seeks regular bail in connection with
Forbesganj P.S. Case No. 500 of 2025 dated 24.09.2025
registered for the offence punishable under sections 8 (c) &
21(b) of the Narcotic Drugs & Psychotropic Substances Act.
3. The main submissions advanced by petitioner’s
counsel are that the recovery of the alleged narcotic contraband
has been falsely shown from the possession of the petitioner
and the mandatory provisions particularly of sections 42, 50 and
57 of the NDPS Act were not followed by the police party and
there is no independent witness of the search and seizure of the
alleged contraband, the investigation against the petitioner has
been completed and the alleged contraband comes under the
Patna High Court CR. MISC. No.86127 of 2025(2) dt.09-01-2026
2/2
purview of intermediate quantity. It is lastly submitted that the
petitioner has been languishing in jail since 25.09.2025, though
against the petitioner there are criminal antecedents of two cases
but he is on bail in both the cases.
4. Learned APP for the State has opposed the prayer
of the petitioner.
5. In the facts and circumstances of the case as well
as considering the above submissions and averments made in
the petition and the petitioner’s custody period, coupled with the
fact that main prosecution witnesses to be examined in the trial
of the petitioner are police personnel, so the release of the
petitioner on bail at this stage will not affect the prosecution in
any manner, this court is inclined to release the petitioner on
bail. Accordingly, let the petitioner named-above be released on
bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the court concerned in connection with
Forbesganj P.S. Case No. 500 of 2025.
(Shailendra Singh, J)
siddharthkr/-
U T
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