Patna High Court
Md. Saif @ Saif RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court allowed the bail application, granting regular bail with conditions.
Summary
Md Saif Raja was arrested in Purnea on allegations of possessing 30 bottles of codeine cough syrup in his bag and 120 bottles at his residence, and was charged under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. He applied for regular bail, claiming innocence, lack of conscious possession, that the seized quantity did not qualify as a small quantity, and that mandatory provisions of Section 50 of the NDPS Act were not complied with. The State opposed the bail. The High Court, after considering the submissions, granted bail on the condition of a Rs 10,000 bond with two sureties and imposed several conditions regarding cooperation, bailor’s relation, affidavit obligations, and non‑tampering with evidence. The court held that the bail could be granted despite the charge‑sheet and the alleged procedural lapses. The application for bail was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for alleged possession of codeine cough syrup.
- Whether the mandatory provisions of Section 50 of the NDPS Act were complied with in the recovery.
- Whether the quantity seized falls within the ‘small quantity’ exemption under the NDPS Act.
- Whether bail can be granted despite the filing of a charge‑sheet.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(C), 50
Subjects
- bail
- NDPS Act
- codeine cough syrup
- possession
- regular bail
- Section 21(C)
- Section 50
- small quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87437 of 2025
Arising Out of PS. Case No.-101 Year-2025 Thana- Sri Nagar District- Purnia
======================================================
Md. Saif @ Saif Raja Son of Waisi Ahmad Resident of Village- Fariyani,
Ward no. 4, khokna Dakshin, P.S- Srinagar, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar, Advocate
For the Opposite Party/s : Mrs.Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Srinagar P.S.
Case No. 101 of 2025 dated 24-09-2025 registered under
Sections 21(C) of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3. The allegation is of recovery of 30 bottles of
Codeine cough syrup each containing 100 ml (total 3 litres)
from the bag of the petitioner and 120 bottles of Codeine cough
syrup each containing 100 ml (total 12 litres) from his house.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that no contraband has been
recovered from the conscious possession of the petitioner or
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from his house. It is further submitted that the quantity of the
seized Codeine cough syrup is less than the commercial quantity
and more than the small quantity. Learned counsel further
submits that the mandatory provisions of Section 50 of the
NDPS Act have not been complied with, which vitiates the
alleged recovery. It is also pointed out that the petitioner has
been in judicial custody since 25.09.2025 and has no criminal
antecedents. The charge-sheet has already been filed in the case.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Judge NDPS Act,
Purnea, in connection with Srinagar P. S. Case No. 101 of 2025,
subject to the following conditions: (i) that the petitioner shall
co-operate in the trial and shall be properly represented on each
and every date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail bond shall
be cancelled by the court below, (ii) that one of the bailors will
be his own blood relation, preferably father, mother, brother,
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sister and or his wife, (iii) that the bailor shall also state on
affidavit that he will inform the court concerned if the petitioner
is made accused in any other case of similar nature after his
release in the present case and thereafter the court below will be
at liberty to initiate the proceeding for cancellation of bail on
ground of misuse and (iv) that if the petitioner tampers with the
evidence or the witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
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