Md. Kamran @ Mad Kamran Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Kamran @ Mad Kamran Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for anticipatory bail rejected; conditional liberty to surrender before the Trial Court within six weeks, with the Trial Court directed to pass order on the surrender-cum-bail application the same day, on merits, without prejudice to the rejection.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is apprehending arrest in connection with Customs complaint case Customs U/C No.92/MTH/13-14 (PS Case No. 92/2013, East Champaran) for offences under Sections 20(b)(ii)(c), 23, 27 & 29 of the N.D.P.S. Act.

Court's answer

This Court was not inclined to grant bail and rejected the petitioner's prayer for anticipatory bail.

Ratio / Principle

Liberty was given to the petitioner to surrender before the concerned Trial Court within six weeks, whereupon the Trial Court is to pass order on his surrender-cum-bail application the same day.

Key takeaways

The Trial Court is to decide the surrender-cum-bail application on its merits, without being prejudiced by this Court's rejection of the anticipatory bail prayer.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail, N.D.P.S. Act - Patna High Court (Dr. Anshuman, J, 20-08-2025) - Petitioner Md. Kamran @ Mad Kamran apprehended arrest in N.D.P.S. 147 of 2013 / Official Complaint Case No. Customs U/C No.92/MTH/13-14 (PS Case No. 92/2013, Thana CUSTOM, District East Champaran), pending before the Exclusive Special Judge, Court No.II, N.D.P.S. Act, East Champaran, Motihari, for offences under Sections 20(b)(ii)(c), 23, 27 & 29 N.D.P.S. Act, involving alleged recovery of 10 kg ganja. Petitioner pleaded innocence, attributing implication to his ownership of the motorcycle from which recovery was made (allegedly since sold to another accused) and claimed no criminal antecedent; Union of India opposed, urging the exchange of the motorcycle days before the occurrence showed the plea to be an afterthought. Court not inclined to grant bail: anticipatory bail prayer rejected, with liberty to surrender within six weeks, the Trial Court to decide the surrender-cum-bail application the same day on merits, without prejudice to the rejection.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34994 of 2025

Arising Out of PS. Case No.-92 Year-2013 Thana- CUSTOM (GOVERNMENT OFFICIAL) District- East Champaran

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

Md. Kamran @ Mad Kamran S/o Shekh Reyaz Resident of Vill.- Beldari, P.S.- Bettiah Muffasil, Distt.- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

The Union of India through the Superintendent, customs (P) Division, Motihari Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the State : Mr. Jai Narain Thakur, A.P.P For the UOI : Mr. Sriram Krishna, Senior Standing Counsel for custom ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

3 20-08-2025

Heard learned counsel for the petitioner, learned A.P.P

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

The petitioner is apprehending arrest in connection with N.D.P.S. 147 of 2013 (Official Complaint Case No. Customs U/C No.92/MTH/13-14), for the offence punishable under Sections 20(b)(ii)(c), 23, 27 & 29 of the N.D.P.S. Act, pending in the Court of Exclusive Special Judge, Court No.II, N.D.P.S. Act, East Champaran, Motihari.

As per the prosecution, total recovery of 10 kg. of ganja has been made which is the subject matter of the present case.

Patna High Court CR. MISC. No.34994 of 2025(3) dt.20-08-2025 2/3

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the recovery of alleged ganja has been made from a motorcycle which belongs to the petitioner and due to this reason, petitioner’s name has figured in this case. Counsel submits that the said motorcycle has already been sold to another person who has also been made accused. Counsel further submits that the petitioner has no criminal antecedent.

Learned Senior counsel appearing for UOI vehemently opposes the prayer for bail and submits that this plea has not been taken and available to the petitioner due to the reason that, just 10 days prior to the said occurrence, the said motorcycle was subject to exchange. He submits that it is a thought which has been created later on.

Learned APP for the State opposes the prayer for bail of the petitioner and submits that this case is not fit for anticipatory bail to the petitioner.

In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected with liberty that if, petitioner surrenders before the concerned Trial Court within a period of six weeks from today then in that

Patna High Court CR. MISC. No.34994 of 2025(3) dt.20-08-2025 3/3

case, the Trial Court is directed to pass order on his surrendercum-bail application on the same day, without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J)

Divyansh/-

U T