Patna High Court
Md. Sufiyan @ SufiyanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the seriousness of the offence and the substantial seizure justified the denial of regular bail.
Summary
The petitioner, Md. Sufiyan, filed a second application for regular bail in a case registered under Sections 8(c), 21(c) and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging recovery of 414 bottles of codeine‑rich cough syrup. The petitioner had been in custody since 3 April 2025 and his earlier bail plea was rejected on 9 July 2025. The Court examined the magnitude of the seizure and the fact that the trial was already underway. Relying on the seriousness of the offence and the large quantity of narcotic substance recovered, the Court found no sufficient ground to grant bail. Consequently, the application for regular bail was dismissed. The order was delivered by Hon’ble Mr. Justice Sandeep Kumar.
Issues considered
- Whether regular bail should be granted to an accused in an NDPS case involving a large seizure of codeine‑rich cough syrup.
- Whether the commencement and progress of trial preclude the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22, 8(c)
Subjects
- bail
- NDPS Act
- codeine
- seizure
- regular bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91014 of 2025
Arising Out of PS. Case No.-118 Year-2025 Thana- JOKIHAT District- Araria
======================================================
Md. Sufiyan @ Sufiyan S/O Nabi Hasan Resident of Bhagwanpur,, Ward no.
14, P.S.- Jokihat, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar Agrawal
For the Opposite Party/s : Mr.Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 12-05-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Jokihat P.S. Case No. 118 of 2025 registered
for the offence under Sections 8(c), 21(c) and 22 of the NDPS
Act.
3. Earlier the bail application of the petitioner was
rejected on 09.07.2025 in Cr. Misc. No. 39523 of 2025 which
reads as follows:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Jokihat P.S. Case No. 118 of 2025
registered for the offence under Sections 21(c) and 22 of
the NDPS Act.
3. As per the prosecution case, there is
recovery of 414 bottles of codeine rich cough syrup from
the petitioner.
Patna High Court CR. MISC. No.91014 of 2025(3) dt.12-05-2026
2/2
4. The petitioner is in custody since
3.4.2025.
5. Considering the huge recovery of codeine
rich cough syrup from the petitioner, this Court is not
inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
4. Considering the fact that the trial has started and is
progressing, I am not inclined to grant regular bail to the
petitioner. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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