Patna High Court
Md. SoyebversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioners are entitled to regular bail under the NDPS Act.
Summary
The petitioners, Md. Soyeb and Rijail, were arrested from a car in Araria where 100 grams of heroin (smack) was recovered from a co‑accused, Md. Noor Alam, but no narcotic was found on the petitioners or the vehicle. They have been in custody since 16 October 2025 and claim to have no criminal antecedent. They applied for regular bail under sections 8(c) and 21(b) of the NDPS Act, arguing that they were falsely implicated. The State opposed the bail, but the Court noted the absence of any incriminating article against the petitioners and the four‑month pre‑trial detention. Considering these facts, the Court ordered that both petitioners be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the condition that bail may be cancelled if the petitioners’ statements about having no antecedent prove false.
Issues considered
- Whether regular bail can be granted under sections 8(c) and 21(b) of the NDPS Act when no narcotic substance was recovered from the accused.
- Whether the length of pre‑trial detention justifies the grant of bail.
- Whether bail may be conditioned on future verification of the petitioners’ claim of no criminal antecedent.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- NDPS Act
- regular bail
- drug offence
- pre‑trial detention
- sections 8(c)
- section 21(b)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87919 of 2025
Arising Out of PS. Case No.-431 Year-2025 Thana- ARARIA District- Araria
======================================================
1. Md. Soyeb, S/o Md. Naim, Resident of Village- Sarochiya, Garhbanaili,
P.S.- Kasba, District- Purnea.
2. Rijail, S/o Ishak, Resident of Village- Muradbag, Kullakhas, P.S.- Kasba,
District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
Ms. Chitra Dwivedi, Advocate
Mr. Pratik Kumar, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 20-02-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Araria P.S. Case no.431
of 2025, registered under sections 8(c) and 21(b) of the NDPS
Act.
3. As per the prosecution case, on search being
conducted, three accused persons including the two petitioners
herein were arrested from a car. It is further stated that on search
100 grams of smack was recovered from the possession of the
co-accused Md. Noor Alam.
4. Learned counsel for the petitioners submits that no
Patna High Court CR. MISC. No.87919 of 2025(3) dt.20-02-2026
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incriminating article has been recovered from the possession of
the petitioners who have been falsely implicated in the case. In
fact, no incriminating article was recovered either from the
vehicle in which they were present nor from the possession of
the co-accused. The petitioners are in custody since 16.10.2025
and have no criminal antecedent.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R, the
recovery of 100 grams of smack having been said to be from
co-accused Md. Noor Alam and not the petitioners herein who
are in custody for 4 months since 16.10.2025 and charge-sheet
having been submitted in the case, both the petitioners are
directed to be enlarged on bail in connection with Araria P.S.
Case no.431 of 2025, on each of them furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Sessions Judge
-cum- Special Judge, NDPS Act, Araria on the following
condition :-
(I) In case the statement with respect to the petitioners
not having any criminal antecedent is found to be incorrect, the
Patna High Court CR. MISC. No.87919 of 2025(3) dt.20-02-2026
3/3
prosecution will have the liberty to move this Court for
cancellation of bail of the petitioners.
(Partha Sarthy, J)
avinash/-
U T
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