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Patna High Court

Md. ArifversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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