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Patna High Court

Md. Aashik @ Mohammad AshikversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted due to the substantial quantity of narcotics recovered.

Summary

The petitioner, Md. Aashik, was arrested in connection with the illegal dealing of approximately 96 liters of codeine cough syrup, recovered from his residence. He is charged under sections 8(c), 21(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner applied for regular bail, contending his right to liberty. The court examined the quantum of the seizure and the seriousness of the offences under the NDPS Act. Considering the large quantity of narcotics involved, the court was not inclined to grant bail. Consequently, the bail application was rejected, and the petitioner remains in custody.

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act given the large quantity of codeine syrup seized

Legislation cited

Subjects

  • bail
  • NDPS Act
  • codeine syrup
  • regular bail
  • high court
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.89392 of 2025
                          Arising Out of PS. Case No.-237 Year-2024 Thana- Mufassil District- Purnia
                 ======================================================
                 Md. Aashik @ Mohammad Ashik S/o Md. Nurul Hasan R/o Village -
                 Madopara Ruigola, P.S - Muffasil, District - Purnea

                                                                                       ... ... Petitioner/s
                                                           Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Umesh Kumar Gupta, Advocate
                 For the Opposite Party/s :          Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   30-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. This application for grant of regular bail arises out

                   of Muffasil P.S. Case No. 237 of 2024 registered for the offence

                   punishable under sections 8(c), 21(c), 25 and 29 of theN.D.P.S.

                   Act.

                                  3. Petitioner is the son of co-accused Hamida Khatoon

                   and it is the petitioner who has been found to be involved in the

                   illegal dealing of codeine syrup. About 96.00 liters of codeine

                   cough syrup have been recovered from the house of the

                   petitioner.

                                  4. The petitioner is in custody since 17.09.2025.

                                  5. Considering the quantum of recovery, I am not

                   inclined to grant bail to the petitioner. Accordingly, this bail
            Patna High Court CR. MISC. No.89392 of 2025(5) dt.30-03-2026
                                                        2/2




                      application is rejected.


                                                 (Sandeep Kumar, J)

khushbu/-

U      T


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