Patna High Court
Fahad @ Md. Fahad RezaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted at this stage and dismissed the petitioner's bail application.
Summary
The petitioner, Fahad, was arrested after police seized codeine syrup, NITRAZOHM-10 tablets and ALPRAZOLAM from a medical shop where the drug licence was held by his father. He applied for regular bail under Sections 21(a) and 22(c) of the NDPS Act, claiming he is a student with no criminal antecedent and that he was falsely implicated. The State opposed the bail, emphasizing the seriousness of the drug recovery and the alleged illegal possession. The Court considered the nature of the offences, the quantity of drugs seized, and the lack of any mitigating factor. Concluding that the recovery from the shop warranted continued custody, the Court dismissed the bail application, though it allowed the petitioner to re‑apply if the trial is unduly delayed.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act for alleged possession of narcotic substances without a valid licence.
- Whether the accused's claim of false implication and lack of prior criminal record warrants regular bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(a), 22(c)
Subjects
- bail
- NDPS Act
- drug possession
- pre‑trial detention
- illegal drug licence
- seizure of narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90163 of 2025
Arising Out of PS. Case No.-477 Year-2025 Thana- ARARIA District- Araria
======================================================
Fahad @ Md. Fahad Reza S/o Firoz Reza Resident of village - Azad Nagar,
Ward no. 20, Araria, P.S and District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Araria
P.S. Case No. 477/2025 registered for the offences punishable
under Sections 21(a), 22(c) of NDPS
3. As per the prosecution case, the police went to
arrest the owner of Khwaja Medical Shop. They apprehended
Fahad (petitioner), who attempted to flee and seized codeine
syrup, NITRAZOHM-10 (420 tablets) and ALPRAZOLAM
(600 tablets) from the shop without a valid license.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case and that the
drug license of the shop is in the name of the father of the
petitioner. Learned counsel further submits that petitioner is a
Patna High Court CR. MISC. No.90163 of 2025(4) dt.06-04-2026
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student and he has no criminal antecedent and he is in custody
since 29.11.2025. The petitioner undertakes to co-operate in the
case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the recovery made from the shop, this
Court is not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed with
liberty to the petitioner to renew his prayer for bail, if the trial is
delayed by the prosecution.
(Sandeep Kumar, J)
tusharika/-
U T
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