Patna High CourtCR. MISC./15642/2026bail granted

Sabbir @ Md. Sabbir Siddiqui @ Md. Sabbir v. The State Of Bihar

2026-03-12Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15642 of 2026 Arising Out of PS. Case No.-373 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Sabbir @ Md. Sabbir Siddiqui @ Md. sabbir S/O Md. Shakil Resident of vill. - Jiwdhara, P.S.- Piprakhothi, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari Mr.Mohan Kumar Tiwari Mr.Ujjawal Kumar For the Opposite Party/s :

Mr.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 12-03-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Piprakothi P.S. Case No. 373 of 2025, F.I.R dated 02.11.2025 registered for the offences punishable under Sections 19, 20 & 21 of N.D.P.S. Act.

3. According to prosecution case, the informant, Aditya Kumar Bhardwaj alleged that on 02.11.2025 at about 2:00 P.M., he along with other police personnel was on patrolling duty, they received secret information that co-accused Bhola Sah was coming towards Piprakothi via Shankar Saraiya carrying contraband ganja in a bag by Toto. On vehicle checking, Bhola Sah was apprehended while trying to flee and 511 grams of ganja was recovered from his possession. During

Patna High Court CR. MISC. No.15642 of 2026(2) dt.12-03-2026 2/3 interrogation, he allegedly disclosed that the seized ganja was given to him by the petitioner and deliver at Piprakothi Chowk.

4. Learned counsel for the petitioner submits that seized ganja of about 511 grams is said to have been recovered from Bhola Sah, whereas, the petitioner is in no way connected with the co-accused Bhola Sah and the petitioner has falsely been framed in this case. While the petitioner is accused in two other cases and not akin to the present case and he is on bail. It is next submitted that the only allegation for which the petitioner has been implicated that the petitioner had handed over the seized article to co-accused Bhola Sah for delivering the same at Piprakothi Chowk.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Considering the aforesaid facts and circumstances the person from whose seized article has already been arrested while this petitioner is falsely been implicated in this case. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.

7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.15642 of 2026(2) dt.12-03-2026 3/3 satisfaction of the learned Exclusive Special Judge Court No. II, NDPS, East Champaran, Motihari in connection with Piprakothi P.S. Case No. 373 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) abhishekkr/- U T