Patna High Court
Md. ArifversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, granting it subject to specified conditions.
Summary
The petitioner, Md. Arif, sought anticipatory bail after learning that he might be arrested in connection with a Narcotic Drugs and Psychotropic Substances (NDPS) case (Sadar P.S. Case No. 511 of 2025) alleging his involvement in the supply of 44.41 grams of brown sugar. The prosecution’s case was based on a seized individual who claimed the narcotics were supplied by the petitioner, but no raid or seizure was made at the petitioner’s residence and there were no independent witnesses. The petitioner argued that he was being falsely implicated to target co‑villagers involved in drug activities and highlighted the lack of material evidence. The State opposed the anticipatory bail. The High Court, after considering the submissions, granted anticipatory bail under Section 438 of the CrPC, subject to conditions including bail bonds, sureties, personal appearance in court, and verification of the petitioner’s criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in an NDPS case where the prosecution’s evidence is limited.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) of the Bihar Narcotic Substances Act are appropriate.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(C)
Subjects
- anticipatory bail
- NDPS Act
- Section 438 CrPC
- bail conditions
- drug offence
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90462 of 2025
Arising Out of PS. Case No.-511 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Md. Arif, S/o- Badruddin @ Md. Badruddin Resident of Telaniya Rahika PS-
Dagarua District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Fazle Karim, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Sadar P.S. Case No. 511 of 2025 registered for the offences
under Sections 8(C) and 21(b) of the Narcotic Drugs and
Psychotropic Substances Act, 1985.
3. As per the prosecution case, the police intercepted
one person on a motorcycle and apprehended him, who
disclosed his name as Raju Kumar and on search total 44.41
grams of smack/brown sugar was recovered. It has further been
alleged that the apprehended person disclosed that he had
brought such smack from Md. Arif (petitioner).
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case merely
because the police is adamant on implicating the co-villagers of
Patna High Court CR. MISC. No.90462 of 2025(3) dt.20-02-2026
2/3
one Md. Saddam, who is indulged in such activities. It has
further been submitted that the petitioner had earlier been
implicated in one similar nature of case being Sadar P.S. Case
No. 71 of 2025. It has next been submitted that till date no raid
has been conducted at the house of the petitioner and no
incriminating article has been recovered as yet. It has also been
submitted that there is no independent witness to such seizure. It
has lastly been submitted that the petitioner has one criminal
antecedent of similar nature.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Sadar P.S. Case No. 511 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
Patna High Court CR. MISC. No.90462 of 2025(3) dt.20-02-2026
3/3
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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