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Patna High Court

Fahad @ Md. Fahad RezaversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                          2/2




                        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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