Dismissed¶20

Sajjad @ Md. Shahjad @ Md. Shahjad Alam v. The State of Bihar

NDPS Act – Bail – Second/renewal prayer

Patna HC20 Jun 2025CR. MISC./32786/2025

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Patna High Court, CRIMINAL MISCELLANEOUS No.32786 of 2025, decided 20-06-2025 by Justice Ramesh Chand Malviya; bail prayer again rejected; NDPS Act Sections 21 and 22; PS Case No. 1147 of 2023, Agamkuan, Patna; recovery of 2553 bottles of codeine/Eskul cough syrup (100 ml each) from vehicle BR-01AP-7580; earlier rejection in Cr. Misc. No. 40140 of 2024 (order dated 15.07.2024); Hira Singh vs. Union of India relied upon on total weight including neutral material for small/commercial quantity determination.

What did the court decide?

There is no fresh ground to reconsider the petitioner's prayer for bail, hence the court is not inclined to grant bail. ¶19

Sajjad @ Md. Shahjad @ Md. Shahjad Alam Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32786 of 2025

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Arising Out of PS. Case No.-1147 Year-2023 Thana- AGAMKUAN District- Patna

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

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Sajjad @ Md. Shahjad @ Md. Shahjad Alam, Age about-25 years S/o Md. Alamiudeen Sakin, R/o vill - Rangnathpur, Near Masjid, P.S.- Raniganj, Distt.- Araria

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... ... Petitioner/s

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Versus

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The State of Bihar

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Regional Director, Narcotics Control Bureau, Bihar Patna by Government of India Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sushil Ranjan Sinha, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP For the UOI : Mr. Ravi Kumar, CGC. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 20-06-2025

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Heard learned counsel for the petitioner, learned

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counsel for the State and learned counsel for the Union of India.

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The petitioner is in custody in a case registered for

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the offence punishable under Sections 21 and 22 of the NDPS Act.

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As per allegation in the FIR, the informant and other police personnel reached at the spot and intercepted the vehicle bearing registration no.BR-01AP-7580 (Black color) which was driven by the petitioner and from his possession, 2553 bottles of codeine, 100 ml each containing Eskul cough syrup was recovered and petitioner could not produce any valid

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Patna High Court CR. MISC. No.32786 of 2025(3) dt.20-06-2025 2/2

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documents.

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Earlier the prayer for bail of this petitioner was rejected by this Court passed in Cr. Misc. No. 40140 of 2024 vide order dated 15.07.2024 and there is no fresh ground to reconsider the prayer for bail of this petitioner and also the fact that the judgment of Hira Singh vs. Union of India Supreme Court held that total weight of the manufactured drug or preparation including the neutral material is required to be considered while determining small quantity or commercial quantity, so I am not inclined to grant bail to the petitioner.

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Accordingly, the prayer for bail of the petitioner is hereby again rejected.

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(Ramesh Chand Malviya, J)

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Brajesh Kumar/- U T

Sajjad @ Md. Shahjad @ Md. Shahjad Alam v. The State of Bihar

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Sajjad @ Md. Shahjad @ Md. Shahjad Alam v. The State of Bihar

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