Md. Riyashat Sah @ Md. Riyasat Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7207 of 2026 Arising Out of PS. Case No.-532 Year-2025 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Riyashat Sah @ Md. Riyasat Sahu Son of Md. Jahangir Resident of Village - Chandi Aaga Tola, Ranipatra, P.S.- Mufassil, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bidhu Ranjan, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 10-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 8(c) and 21 (b) of the N.D.P.S. Act.
3. As per the prosecution case, on a tip-off the police apprehended two persons along with a motorcycle and seized 13.20 grams of smack. The said motorcycle is in the name of the petitioner.
4. It is submitted by learned counsel for the petitioner that from a bare reading of the F.I.R., it would be clear that no recovery has been made from the conscious possession of this petitioner rather it is only the motorcycle upon which the co-accused was riding, belonged to the
Patna High Court CR. MISC. No.7207 of 2026(2) dt.10-02-2026 2/3 petitioner. Further, the recovery of 13.20 grams of smack like substance was made from the possession of the co-accused, Md. Habib and it was upon his disclosure the name of another coaccused, Sabina Perween has transpired in this case from whom some more recovery was made. It has been argued that in any view of the matter, the quantity is of intermediate quantity little over small and much less than commercial quantity but the petitioner is not concerned with the alleged recovery. The petitioner has no criminal antecedent and has been languishing in custody since 23.10.2025.
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and circumstances of the case and considering the fact that no recovery has been made from the possession of the petitioner coupled with the fact that he has clean antecedent and is in custody since 23.10.2025, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Purnia Sadar P.S. Case No.532 of 2025, subject to the conditions
Patna High Court CR. MISC. No.7207 of 2026(2) dt.10-02-2026 3/3 that the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned. (Soni Shrivastava, J) Trivedi/- U T