Md. Saddam Hussain @ Saddam Hussain Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2025)

Md. Saddam Hussain @ Saddam Hussain Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge/Supaul in connection with Birpur P.S. Case No.385 of 2024, subject to conditions (one bailor a close family member; cooperation in investigation and appearance on every trial date; bail bonds cancellable by the trial court on default of appearance on two consecutive dates).

Issue for consideration

Whether regular bail should be granted to the petitioner in connection with Supaul NDPS Case No. 105 of 2024 arising out of Birpur P.S. Case No.385 of 2024, registered under sections 8(c), 21(b) and 29 of the N.D.P.S Act. +1 more

Court's answer

Considering the facts and circumstances of the case, the petitioner is enlarged on regular bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge, Supaul, in connection with Birpur P.S. Case No.385 of 2024.

Ratio / Principle

Bail is made subject to the condition that one of the bailors shall be an own/close member of the petitioner's family.

Key takeaways

Bail is further conditioned on cooperation in investigation and appearance on every trial date; in case of default in appearance on two consecutive dates, the trial court will have liberty to cancel the petitioner's bail bonds.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (Soni Shrivastava, J.), order dated 19-05-2025: Regular bail granted to Md. Saddam Hussain @ Saddam Hussain in Supaul NDPS Case No. 105 of 2024 (arising out of Birpur P.S. Case No.385 of 2024, District Supaul), registered under sections 8(c), 21(b) and 29 of the N.D.P.S Act. FIR alleged recovery of 54 gm of brown sugar from the petitioner's pocket when apprehended on chase by police. Defence argued a false recovery of intermediate quantity (above small, well below commercial), breach of mandatory search-and-seizure provisions (no independent witness to the seizure list), and submission of the charge-sheet without the FSL report; petitioner in custody since 21.11.2024. The learned APP opposed bail on the ground of two criminal antecedents, to which counsel responded that the petitioner was already on bail in both cases. The Court enlarged the petitioner on a bail bond of Rs. 10,000 with two like sureties to the satisfaction of the Sessions Judge, Supaul, conditioned on one bailor being an own/close family member, cooperation with investigation and appearance on all trial dates, with liberty to the trial court to cancel the bail bonds on default of appearance on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32181 of 2025

Arising Out of PS. Case No.-385 Year-2024 Thana- BIRPUR District- Supaul

======================================================

Md. Saddam Hussain @ Saddam Hussain S/O Md. Abujar @ Abujar Resident Of - Bela Tinkhambha Tola, Ward No.-1, P.S.- Narpatganj, District-Araria

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sharda Nand Mishra, Adv For the Opposite Party/s : Mr.Raj Kishor Singh, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 19-05-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner makes a prayer for grant of regular bail in connection with Supaul NDPS Case No. 105 of 2024 arising out of Birpur P.S.Case No.385 of 2024 registered under sections 8 (c), 21(b), 29 of the N.D.P.S Act.

The allegation in the FIR, is that of recovery of 54 gm of brown sugar which was recovered from the pocket of the petitioner, who was apprehended on chase by the police.

Learned counsel for the petitioner submits that a false recovery has been shown from the petitioner. Although the recovery shown is of an intermediate quantity, which is over small quantity but much less than commercial quantity. It has further been submitted that the mandatory provision of search

Patna High Court CR. MISC. No.32181 of 2025(2) dt.19-05-2025 2/3

and seizure have also been violated as there is no independent witness to the seizure list. Moreover, the other mandatory provisions of NDPS Act have also been violated. It is further submitted that the charge sheet has also been submitted in this case however, the same has been done without the FSL report. The petitioner is in custody since 21.11.2024.

The application for bail is opposed by the learned APP for the State on the ground that the petitioner has two criminal antecedents, however it is submitted by the learned counsel for the petitioner that petitioner is on bail in both the cases.

Considering the facts and circumstance of the case, the above named, petitioner is enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/ Supaul in connection with Birpur P.S.Case No.385 of 2024, subject to the condition which is as follows:-

(i) One of the bailors shall be own/ close member of the family of the petitioner.

(ii) The petitioner shall co-operate in the investigation and shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial

Patna High Court CR. MISC. No.32181 of 2025(2) dt.19-05-2025 3/3

Court will have liberty to cancel the bail bonds of the petitioner.

(Soni Shrivastava, J)

N.K/-

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