Patna High Court
Md. SubhanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail cannot be granted as the allegations are serious and the petitioner’s involvement is established.
Summary
The petitioner, Md. Subhan, sought anticipatory bail fearing arrest in a case registered under Sections 21(b) and 25 of the NDPS Act concerning the alleged recovery of 735 litres of Escuf cough syrup. The prosecution alleged that the petitioner’s name surfaced during the investigation and that the seized quantity indicated a serious drug offence. The court examined whether the seriousness of the allegation and the petitioner’s involvement warranted denial of anticipatory bail. Relying on the nature of the offence under the NDPS Act, the judge concluded that granting anticipatory bail would be inappropriate. Consequently, the application for anticipatory bail was dismissed and the petitioner was ordered to surrender within two weeks and apply for regular bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Sections 21(b) and 25 of the NDPS Act given the seriousness of the alleged offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 25
Subjects
- anticipatory bail
- NDPS Act
- drug trafficking
- arrest
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88156 of 2025
Arising Out of PS. Case No.-117 Year-2024 Thana- MAHALGAON District- Araria
======================================================
Md. Subhan S/O Md. Saud R/O Village- Kursail, Ward No. 07, P.S- Jokihat,
Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kishore Bharti, Advocate
For the State : Mr.Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Mahalgaon P.S. Case No. 117 of 2024 instituted under
Sections 21(b) and 25 of the NDPS Act.
3. As per the prosecution case, there is recovery of
735 litres of Escuf cough syrup.
4. The name of the petitioner has surfaced during
investigation.
5. Considering the serious allegation and the fact that
the involvement of the petitioner in this case, I am not inclined
to grant anticipatory bail to the petitioner.
6. Accordingly, the application stands dismissed.
7. The petitioner is directed to surrender within two
Patna High Court CR. MISC. No.88156 of 2025(2) dt.15-01-2026
2/2
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Araria will take all steps for arrest of
the petitioner.
8. Let a copy of this order be communicated to the
Superintendent of Police, Araria through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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