Patna High Court
Md. JawedversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner, holding that the intermediate quantity and lack of incriminating antecedents do not justify the application of Section 37.
Summary
The petitioner, Md. Jawed, was arrested after police intercepted his motorcycle and recovered 195.48 grams of smack, leading to charges under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He contended that he was falsely implicated merely as the vehicle owner and that the seized quantity falls in the intermediate category, which does not attract the stringent provisions of Section 37. The State opposed bail, arguing the seriousness of the offence. The High Court, considering the intermediate quantity, the petitioner's clean antecedent, and the lack of evidence that he was the actual trafficker, granted bail subject to a Rs.10,000 bond, two sureties, and several conditions regarding appearance and truthfulness. The order emphasized that the bail conditions are not to delay verification of antecedents and that the observations made are not binding during trial.
Issues considered
- Whether bail should be granted to a person accused under Sections 8(c) and 21(b) of the NDPS Act for an intermediate quantity of narcotics.
- Whether Section 37 of the NDPS Act is applicable in this case.
- Whether the petitioner’s status as the owner of the vehicle, without evidence of participation in the drug trade, warrants bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 37, 8(c)
Subjects
- bail
- NDPS Act
- intermediate quantity
- Section 37
- criminal procedure
- drug trafficking
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90382 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- JOGBANI District- Araria
======================================================
Md. Jawed Son of Md. Israjul Resident of Village- Dipol, Ward No. 16, P.S.-
Jobani, Dist.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Singh, Adv.
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with
Jogbani P.S. Case No. 95 of 2025 dated 27.08.2025 registered
for the offences punishable under Sections 8(c) and 21(b) of the
Narcotics Drugs & Psychotropic Substance Act.
3. As per the prosecution case, the police intercepted
a motorcycle and apprehended one person who disclosed his
name as Md. Jawed (petitioner) and on search, total 195.48 gm.
Smack was recovered from the motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated only because he happens
to be the owner of the motorcycle. It has next been submitted
that admittedly the recovered quantity falls under the category
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of intermediate category and therefore the rigors of Section 37 is
not attracted in the present case. It has further been submitted
that the petitioner has been made scapegoat as admittedly even
as per the F.I.R., the said smack was purchased from the co-
accused, Md. Kuddus. It has lastly been submitted that the
petitioner has clean antecedent and he is in custody since
28.08.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending/successor court
in connection with Jogbani P.S. Case No. 95 of 2025, subject to
the following terms and conditions :-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
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violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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