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Patna High Court

Arshad @ Arshad HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to conditions.

Summary

Arshad Hussain was named in an FIR for alleged smuggling of 74.5 kg of ganja under Sections 317(5) BNS and 8/20(b)(ii)(c) of the NDPS Act. The seizure was made from two vehicles, but the petitioner was not apprehended at the scene and no narcotic was found in his possession; his name was recorded based on statements of co‑accused. He contended that he is innocent, has prior criminal antecedents, and is already on bail in unrelated cases. The State opposed his anticipatory bail. Considering the totality of circumstances, the Court granted anticipatory bail, directing the petitioner to furnish bail bonds and sureties within six weeks, subject to conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner despite allegations under the NDPS Act.
  • Whether the petitioner’s alleged involvement, based solely on co‑accused statements and lack of direct possession, warrants denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • drug trafficking
  • Section 482
  • bail conditions
  • criminal procedure
  • seizure
  • co‑accused testimony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91920 of 2025
                        Arising Out of PS. Case No.-57 Year-2025 Thana- GHURNA District- Araria
                 ======================================================
                 Arshad @ Arshad Hussain S/o Nurul Hasan R/o Village - Pathraha, Ward No.
                 15, P.S - Ghurna, District - Araria

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. N.K. Agrawal, Sr. Adv.
                                                 Mr.Kumar Rajdeep, Adv.
                 For the Opposite Party/s :      Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   15-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Ghurna P.S. Case No.57 of 2025, registered for the offence

                   under Sections 317(5) BNS and 8/20(b)(ii)(c) of Narcotic Drugs

                   & Psychotropic Substance Act, 1985.

                                 3. As per the prosecution case, on 17.08.2025 at about

                   02:00 hrs, information was received from reliable sources that

                   some people were coming from Nepal on two four-wheeler for

                   the purpose of smuggling some narcotic substance, Ganja.

                   Based on this information, a team was constituted. As soon as

                   the team reached the said place, they saw a dark Grey Scorpio

                   and a white Scorpio coming from Ghurna. As soon as they came

                   near, the raiding team asked them to stop but instead of
Patna High Court CR. MISC. No.91920 of 2025(2) dt.15-01-2026
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          stopping, the drivers of both vehicles tried to increase the speed

          of their vehicles. The driver of the dark Grey Scorpio stopped

          the vehicle and managed to escape. However, the team managed

          to apprehend two persons sitting in the white Scorpio. Upon

          inquiry, they disclosed their names as Tarun Kumar Yadav and

          Shivam Kumar. As no independent witnesses were found, two

          members of the team namely Gulshan Kumar and Virendra

          Kumar were made independent witnesses. During the search of

          both the vehicles, a substance resembling Ganja was recovered.

          Upon weighing, the Ganja recovered from both the vehicles,

          was found to be 74.500 kg. After preparing a seizure list and an

          arrest memo, Tarun Kumar Yadav and Shivam Kumar were

          arrested. Accordingly, the FIR.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in this

          case. Learned counsel for the petitioner further submits that

          petitioner is named in the FIR as an accused and has two

          criminal antecedents which have been disclosed in paragraph-3

          of the application. It is submitted that his name has come in the

          FIR on the basis of statement made by the co-accused. It is

          further submitted that he was not apprehended on the spot and

          no Ganja was recovered from his actual possession. The Ganja
          Patna High Court CR. MISC. No.91920 of 2025(2) dt.15-01-2026
                                                      3/3




                    which was recovered from the place of occurrence is from the

                    vehicle which belong to other accused person. It is also

                    submitted that in the two criminal cases in which the petitioner

                    is an accused, he is already on bail and they are not of NDPS

                    Act.

                                 5. The learned APP opposes the anticipatory bail

                    application.

                                 6. Considering the totality of the circumstances, this

                    Court is inclined to grant anticipatory bail to the petitioner.

                                 7. Accordingly, the petitioner above named, in the

                    event of his arrest or surrender before the learned Court below

                    within a period of six weeks, is directed to be released on

                    anticipatory bail on his furnishing bail-bonds in the sum of

                    Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties

                    of the like amount each to the satisfaction of the learned

                    Principal District & Sessions Judge, Araria in connection with

                    Ghurna P.S. Case No.57 of 2025, subject to the conditions laid

                    down under Section 482(2) of the Bhartiya Nagarik Suraksha

                    Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T


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