Patna High Court
Md. MassiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Md. Massi, was arrested on 20-07-2024 in connection with an NDPS case involving the alleged recovery of 800 ml of prohibited cough syrup and 20 strips of Nitrazepam tablets from a sweet shop. He sought bail, claiming false implication and asserting that he would not abscond and would face trial to prove his innocence. The State opposed bail, highlighting that this is the petitioner's second NDPS case and emphasizing the danger of psychotropic substances to the youth. The court considered the seriousness of the offenses, the petitioner's prior criminal history, and the State's arguments. Concluding that the risk of the petitioner influencing the investigation or committing further offenses was significant, the court denied the bail application.
Issues considered
- Whether bail should be granted to the petitioner in an NDPS case involving prohibited cough syrup and psychotropic tablets.
- Whether the petitioner's prior criminal record and the nature of the alleged offenses justify denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(i)(a), 22
Subjects
- bail
- NDPS Act
- Drugs and Cosmetic Act
- psychotropic substances
- criminal procedure
- pre-trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90570 of 2025
Arising Out of PS. Case No.-39 Year-2023 Thana- INDUSTRIAL District- Bhagalpur
======================================================
Md. Massi S/O Md. Abdul Masjid @ Md. Machcho@ Late Md. Abdul Majid
R/O village- Fatehpur Mukeri Tola, P.S.- Bhagalpur Industrial Area, Dist. -
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Davendra Kumar Pandey
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in connection with NDPS
Case No. 71 of 2025 arising out of Bhagalpur Industrial Area PS
Case NO. 39 of 2023 registered for the offences punishable
under Sections 21(i)(a)/22 NDPS Act and 18(c) and 27 Drugs
and Cosmetic Act.
3. Learned counsel for the petitioner submits that
petitioner is in custody since 20-7-2024 and has antecedent of
four cases out of which one case is under the NDPS Act and
allegation is of recovery of 800 ml of Drylex-DC prohibited
cough syrup along with 20 strips of Nitrazepam-10 tablets from
a sweet shop.
Patna High Court CR. MISC. No.90570 of 2025(2) dt.24-02-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that the sweet shop belongs to
Md. Irfan and name of the petitioner during the course of
investigation transpired that he along with Md. Irfan are running
the shop. It is further submitted that charges have been framed
as such petitioner will not abscond rather will face the trial to
prove his innocence.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner and submits that this is the
second case of the petitioner under the NDPS Act and allegation
is of recovery of cough syrup which contains psychotropic
substance along with tablets and of late the young generation is
being drawn towards cough syrup and such tablets seeking
intoxication.
6. Considering the submission made by learned APP,
the Court is not inclined to release the petitioner on bail.
(Satyavrat Verma, J)
Sumit/-
U T
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