Created by Fuzzy Cloud

Patna High Court

Md. Sufiyan @ SufiyanversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.