Sheikh Karmullah @ Faider Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

Sheikh Karmullah @ Faider Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail in N.D.P.S. Case No. 107 of 2024 (Nakardei P.S. Case No. 11 of 2024), operative after framing of charge if not already framed, on bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court; conditions: (i) one bailor to be the petitioner's own/close family member; (ii) petitioner to cooperate in the trial, be properly represented and remain physically present on each date fixed, failing attendance on two consecutive dates without sufficient reasons his bail bond to be liable to cancellation by the court below.

Issue for consideration

Whether the petitioner should be released on bail in connection with N.D.P.S. Case No. 107 of 2024 (arising out of Nakardei P.S. Case No. 11 of 2024), instituted for offences under Sections 317(5) of the B.N.S., Sections 8(c)/21(b) of the N.D.P.S. Act and Section 13 of the F.E.M.A. Act. +2 more

Court's answer

Having considered the rival submissions, and taking into account that the seized quantity of contraband was less than the commercial quantity together with the period of custody of the petitioner, the court directed that the petitioner be released on bail (to operate after framing of charge, if not already framed).

Ratio / Principle

Bail was ordered on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with N.D.P.S. Case No. 107 of 2024 arising out of Nakardei P.S. Case No. 11 of 2024.

Key takeaways

Release on bail was made subject to express conditions, including that one of the bailor(s) shall be an own/close family member of the petitioner.ratio¶6(i)

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Rudra Prakash Mishra, J.), Criminal Miscellaneous No. 9873 of 2025, order dated 25-02-2025. Petitioner Sheikh Karmullah @ Faider sought bail in N.D.P.S. Case No. 107 of 2024, arising out of Nakardei P.S. Case No. 11 of 2024 (East Champaran), instituted for offences under Sections 317(5) of the B.N.S., Sections 8(c)/21(b) of the N.D.P.S. Act and Section 13 of the F.E.M.A. Act. Prosecution case: recovery from the petitioner's house of 102 gram Smack like substance and 10 gram brown Sugar like narcotic substance, besides Nepali and Indian currency, mobiles, watch and other material, which were seized. Defence pleaded false implication, submitted the recovered quantity was less than the commercial quantity (so Section 37 of the N.D.P.S. Act not attracted), noted custody since 23.09.2024, three criminal antecedents with bail in all of them, and alleged non-compliance with Sections 42 and 50 of the N.D.P.S. Act and Section 103 of the B.N.S.S.; the learned A.P.P. opposed bail, citing the three antecedents. Acting on the seized quantity being below the commercial quantity and the period of custody, the court released the petitioner on bail after framing of charge (if not already framed) on a bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, conditioned on one bailor being an own/close family member and on the petitioner cooperating in and attending the trial, with the bond liable to cancellation on unjustified absence on two consecutive dates.