Patna High Court
Arshad @ Arshad HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Narcotic Drugs & Psychotropic Substances Act, 1985 — s. 317(5) BNS, 8/20(b)(ii)(c)
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
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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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