Md. Masum Shekh @ Md. Masum Sekh @ Md. Masoom Vs The State of… — Narcotics (NDPS) | Patna HC (2025)

Md. Masum Shekh @ Md. Masum Sekh @ Md. Masoom Vs The State of… — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Prayer for regular bail allowed: petitioner to be released on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar, in connection with Katihar Town P.S. No. 385 of 2025, subject to conditions of cooperating in the trial and remaining physically present on each and every trial date till conclusion of the Trial.

Issue for consideration

Whether the petitioner, in custody in connection with Katihar P.S. Case No. 385 of 2025 (offences under Sections 8(c), 21(b), 22(b), 29 NDPS Act), notwithstanding two criminal antecedents and State opposition, is entitled to release on regular bail.

Court's answer

On perusal of the FIR and the impugned order dated 11.06.2025, the Court held that nothing had been recovered from the petitioner's possession and his name had surfaced only from the confessional statement of co-accused Rakesh Kumar Sahni @ Pale Sahni; accordingly, the petitioner was directed to be released on bail.

Ratio / Principle

In granting bail the Court also took into account that the petitioner was not apprehended from the spot.

Key takeaways

The release on bail was made subject to the condition that the petitioner will cooperate in the trial and remain physically present on each and every date fixed by the Trial Court till the conclusion of the Trial.ratio¶18

Detailed headnote1 paragraphs

NDPS Act – Regular bail granted – Petitioner in custody since 24.04.2025 in Katihar P.S. Case No. 385 of 2025 (Sections 8(c), 21(b), 22(b), 29 NDPS Act) – FIR alleged sale/purchase of smack; 21.93 Gms recovered altogether from five accused persons – Nothing recovered from petitioner's own possession; his name surfaced only from confessional statement of co-accused Rakesh Kumar Sahni @ Pale Sahni; petitioner not apprehended from spot – Two criminal antecedents noted; APP opposed bail – Released on bail on bonds of Rs. 10,000/- (Ten thousand) with two like sureties to the satisfaction of Sessions Judge, Katihar, conditioned on cooperation in trial and physical presence on every trial date till conclusion of Trial (Ramesh Chand Malviya, J.).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44340 of 2025

Arising Out of PS. Case No.-385 Year-2025 Thana- KATIHAR NAGAR District- Katihar

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

Md. Masum Shekh @ Md. Masum Sekh @ Md. Masoom S/o Md. Badruddin @ Mohammad Badaruddin Resident of Mohalla- Driver Tola, P.S.- Katihar (Town), District- Katihar

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bimal Kumar, Adv For the Opposite Party/s : Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 16-07-2025

Heard learned counsel for the petitioner and learned APP

for the State.

The petitioner is in custody in connection with Katihar P.S Case No. 385 of 2025 registered for the offences punishable under Sections 8(c), 21(b), 22(b), 29 of the NDPS Act

As per allegation in the FIR, petitioner was indulged in sale and purchase of smack and altogether from five accused persons, 21.93 Gms of smack was recovered.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner was not apprehended from the spot though his name has been figured from the confessional statement of the co-accused namely Rakesh Kumar Sahni @ Pale Sahni. He further submits that nothing has been recovered from the possession of the petitioner. It is also submitted that petitioner is in judicial custody since 24.04.2025

Patna High Court CR. MISC. No.44340 of 2025(2) dt.16-07-2025 2/2

having two criminal antecedent.

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

On perusal of the FIR, impugned order dated 11.06.2025, it appears that nothing has been recovered from the possession of the petitioner and his name has been surfaced from the confessional statement of the co-accused namely Rakesh Kumar Sahni @ Pale Sahni. Moreover, petitioner was not apprehended from spot and and also considering the submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar in connection with Katihar Town P.S. No. No. 385 of 2025 subject to the condition that petitioner will cooperate in the trial and remain physically present on each and every date fixed by the Trial Court till the conclusion of the Trial.

(Ramesh Chand Malviya, J)

Sunnykr/-

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