Disposed¶21

Shamsul Hoda v. The State of Bihar

Patna HC21 May 2025CR. MISC./6301/2025

Case brief

AI extract

What is this about?

NDPS bail disposal, Patna High Court, 21-05-2025; small-quantity recovery of 7,200 Pyeevon Spas Plus - 385 mg tablets plus motorcycle; Sections 21(a), 22 and 23 NDPS Act; direction to Principal District and Sessions Judge, Araria to explain plea-guilty consequence (release after particular period in custody; maximum punishment one year); conditional bail if accused elects to contest; parity noted with co-accused Md. Galib bailed vide order dated 07.03.2025 in Cr. Misc. No. 11596 of 2025.

What did the court decide?

Conditional disposal: petitioner to be released on bail by the learned Principal District and Sessions Judge, Araria if he does not plead guilty and wishes to contest; if he pleads guilty, the Court below to pass appropriate orders after the prescribed explanation regarding small-quantity recovery and one-year maximum punishment.

Shamsul Hoda Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be granted bail in connection with Bairgachhi P.S. Case No. 99 of 2024 registered for offences under Sections 21(a), 22 and 23 of the NDPS Act. +1 more

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Court's answer

If the petitioner pleads guilty, appropriate orders shall be passed by the Court below; if the petitioner does not plead guilty and wishes to contest the case, he shall be released on bail by the learned Principal District and Sessions Judge, Araria.

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Ratio / Principle

The application is disposed of with a direction to the learned Principal District and Sessions Judge, Araria to explain to the petitioner/accused that the recovery is of small quantity, the maximum punishment for the offence is one year, and that if he pleads guilty he may be let off after completing a particular period in custody.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.6301 of 2025 (Soni Shrivastava, J.; oral order dated 21-05-2025). Bail application in Bairgachhi P.S. Case No. 99 of 2024, District Araria, registered under Sections 21(a), 22 and 23 of the NDPS Act, arising from recovery of 7,200 tablets of Pyeevon Spas Plus - 385 mg and a motorcycle, with the petitioner and another person apprehended. Counsel pointed to the order dated 07.03.2025 in Cr. Misc. No. 11596 of 2025 granting bail to co-accused Md. Galib. The High Court disposed of the application by directing the learned Principal District and Sessions Judge, Araria to explain to the petitioner/accused that the recovery is of small quantity, that the maximum punishment for the offence is one year, and that if he pleads guilty he may be let off after completing a particular period in custody; if the petitioner pleads guilty, appropriate orders shall be passed by the Court below, and if he does not plead guilty and wishes to contest the case, he shall be released on bail.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6301 of 2025

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Arising Out of PS. Case No.-99 Year-2024 Thana- BAIRGACHHAI District- Araria

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

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Shamsul Hoda Son of Mir Qumar Uddin @ Md Qumar Uddin Resident of Kakarwa Basantapur, P.S.- and District- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Choubey, Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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4 21-05-2025

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Heard the learned counsel for the petitioner and

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learned APP for the State.

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The petitioner makes a prayer for bail in connection

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with Bairgachhi P.S Case No. 99 of 2024 registered for offences under Sections 21(a), 22 and 23 of the NDPS Act.

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The First Information Report and the seizure list would go to show that a total of 7,200 tablets of Pyeevon Spas Plus - 385 mg and a motorcycle were recovered from the spot and petitioner and another person were apprehended.

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The learned counsel appearing for the petitioner draws the attention of the Court to the order dated 07.03.2025 passed in Cr. Misc. No. 11596 of 2025 whereby the co-accused Md. Galib has been granted bail on the ground if he does not plead guilty.

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The present application is also disposed of with a

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Patna High Court CR. MISC. No.6301 of 2025(4) dt.21-05-2025 2/2

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direction to the learned Principal District and Sessions Judge, Araria to explain to the petitioner/accused the fact that the recovery is of small quantity and the maximum punishment for the offence is one year and if he pleads guilty he may be let off after completing a particular period in custody.

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However, if the petitioner pleads guilty, appropriate orders shall be passed by the Court below and in case the petitioner does not plead guilty and wishes to contest the case, he shall be released on bail by the learned Principal District and Sessions Judge, Araria.

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This application stands disposed of with the aforesaid direction.

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(Soni Shrivastava, J)

Shamsul Hoda v. The State of Bihar

Case brief

What is this about?

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Shamsul Hoda v. The State of Bihar

Case brief

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