Md. Javed @ Md. Jawed Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

Md. Javed @ Md. Jawed Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted: 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 the learned Special Judge, NDPS Act, Araria, in connection with Araria R.S. P.S. Case No. 191 of 2025.

Issue for consideration

Whether the petitioner, held in custody in Araria R.S. P.S. Case No. 191 of 2025 (Sections 8 & 20 (b) (ii) (A), NDPS Act) over an alleged recovery of 2.900 Kg of Ganja, should be released on regular bail.

Court's answer

On perusal of the FIR and the impugned order dated 19.11.2025, the Court found there were no independent witnesses to the seizure list, and that the alleged recovery was much less than commercial quantity but more than the smaller quantity; considering these facts and circumstances and the petitioner's counsel's submissions, they justified release on bail.

Ratio / Principle

The petitioner was directed to 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 the learned Special Judge, NDPS Act, Araria, in connection with Araria R.S. P.S. Case No. 191 of 2025.

Detailed headnote1 paragraphs

NDPS regular bail granted - intermediate quantity and witnessless seizure weighed in favour of release. Patna High Court (Ramesh Chand Malviya, J.; oral order dated 15-01-2026) in Criminal Miscellaneous No.470 of 2026 (Md. Javed @ Md. Jawed v. The State of Bihar), arising out of Araria R.S. P.S. Case No. 191 of 2025 registered under Sections 8 & 20 (b) (ii) (A) of the NDPS Act with alleged recovery of 2.900 Kg of Ganja, and the petitioner in judicial custody since 16.10.2025. Counsel pleaded false implication, absence of independent witnesses to the seizure list, quantity less than commercial but more than smaller, and two antecedents not of similar nature; the learned APP opposed. Perusing the FIR and the impugned order dated 19.11.2025, the Court found no independent witnesses to the seizure list and the recovery well below commercial quantity, and released the petitioner on bail on bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Araria.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.470 of 2026

Arising Out of PS. Case No.-191 Year-2025 Thana- R S P.S. District- Araria

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

Md. Javed @ Md. Jawed S/O Late Riyasat @ Md. Riyasat Hussain Resident of Hariya Wade, Ward no.- 5, P.O.- Hadia Bara, P.S.- Araria R.S., DistrictAraria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Choubey, Adv For the Opposite Party/s : Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 15-01-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is in custody in connection with Araria R.S. P.S Case No. 191 of 2025 registered for the offences punishable under Sections 8 & 20 (b) (ii) (A) of the NDPS Act.

As per allegation in the FIR, there is a recovery of 2.900 Kg of Ganja from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that there is no independent witnesses to the seizure list. Moreover, the alleged recovery is much less than commercial quantity but more than the smaller quantity. It is also submitted that petitioner is in judicial custody since 16.10.2025 having

Patna High Court CR. MISC. No.470 of 2026(2) dt.15-01-2026 2/2

two antecedent but not of similar nature.

However, learned APP for the State oppose the

prayer for regular bail of the petitioner.

On perusal of the FIR, impugned order dated 19.11.2025, it appears that there is no independent witnesses to the seizure list. Moreover, the alleged recovery is much less than commercial quantity but more than the smaller quantity. So, considering the aforesaid facts and circumstances of the case and 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 Special Judge, NDPS Act. Araria in connection with Araria R.S. P.S Case No. 191 of 2025.

(Ramesh Chand Malviya, J)

Sunnykr/-

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