Md. Mafid Baksh @ Mafid Bakas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18391 of 2026 Arising Out of PS. Case No.-52 Year-2026 Thana- TERHAGACHH District- Kishanganj ====================================================== Md. Mafid Baksh @ Mafid Bakas S/O Late Maksad Ali Resident of Nayabasti Mushahra, P.S. - Terhagachh, District - Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2026 Heard Mr. Raj Kumar, learned counsel for the petitioner and Mr. Awadhesh Kumar Singh, learned APP for the State.
2. Petitioner seeks bail who is in custody since 11.02.2026 in connection with Tehragachh P.S. Case No. 52 of 2026, F.I.R. dated 10.02.2026 for the offences punishable under Sections 8, 20(b)(ii)(b) and 22(b) of the Narcotic Drugs & Psychotropic Substance Act, 1985.
3. Recovery is of 1.945 kg of ganja from a tempo.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that from perusal of FIT itself it appears that there is non-compliance of the mandatory provision of Sections 50 and 52 of the N.D.P.S. Act and it appears that the recovered contraband is less than the
Patna High Court CR. MISC. No.18391 of 2026(2) dt.24-03-2026 2/3 commercial quantity. Hence, there is no embargo under Section 37 of the N.D.P.S Act for grant of bail to the petitioner and the petitioner is in custody since 11.02.2026.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances and the petitioner has clean antecedent and that the recovered contraband is less than the commercial quantity, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Session Judge-cum-Special Judge (NDPS Act), Kishanganj in connection with Tehragachh P.S. Case No. 52 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
Patna High Court CR. MISC. No.18391 of 2026(2) dt.24-03-2026 3/3 iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T