Patna High Court
Aftab AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Bail was granted to the petitioner with a cash bond and specific conditions.
Summary
Aftab Alam was arrested in connection with a case involving alleged contravention of sections 274, 275 and 276 of the Indian Penal Code, section 21(b) of the NDPS Act and sections 27(b)(ii), 28 and 27(d) of the Drugs and Cosmetics Act, after cartons of a cough‑syrup were found in a leased vehicle. The petitioner contended that he had merely leased the car, returned it and was wrongly implicated. He had been in custody since 30‑04‑2025 and sought bail, offering an undertaking to appear regularly and not tamper with evidence. The State opposed bail on the ground of the petitioner’s criminal antecedents. The Court, after considering the length of custody, the early stage of trial and the petitioner’s undertaking, granted bail subject to a cash bond of Rs 10,000 and several conditions, including regular appearance before the trial court and police station, and prohibition on influencing witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his period of pre‑trial detention
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail
- What conditions may be imposed to ensure the petitioner’s compliance with the trial process
Legislation cited
- Drugs and Cosmetics Act, 1940 — s. 27(b)(ii), 27(d), 28
- Indian Penal Code — s. 274, 275, 276
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b)
Subjects
- bail
- pre‑trial detention
- Indian Penal Code
- NDPS Act
- Drugs and Cosmetics Act
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10062 of 2026
Arising Out of PS. Case No.-89 Year-2020 Thana- BAISI District- Purnia
======================================================
Aftab Alam Son of Late Kasim Resident of Surjapur, P.S.- Bairgachhi,
District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 17-04-2026 Heard Mr. Ajay Kumar Thakur, learned counsel for
the petitioner and Mr. Bharat Bhushan representing the State.
2. The petitioner is in custody in connection with
Special Case No. 05 of 2020 arising out of Baisi P.S. Case No.
89 of 2020 for the offence punishable under sections 274, 275
and 276 of the Indian Penal Code, Section 21(b) of NDPS Act
and Section 27(b)(ii), 28 and 27(d) of Drugs and Cosmetics Act,
1940.
3. As per the prosecution story, the informant alleged
that during patrolling, cartoons of ESKUF cough syrup were
found from the dickey of Scorpio car. This led to the FIR.
4. Learned counsel for the petitioner submits that
though it was taken on lease from the original owner, he had
returned it but got implicated.
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5. Earlier, the Court wanted the Trial Court to submit
a report and as per the report dated 16.03.2026, the charge has
been framed against the sole accused and summons issued.
Later, out of six charge-sheet witnesses, two have been
examined.
6. Learned counsel for the petitioner submits that he is
in custody since 30.04.2025, if granted relief, he shall be
diligently appearing in trial and shall not indulge in any criminal
activity and failure to abide by either of the aforesaid
undertaking given, the Trial Court shall be free to take
immediate steps for the cancellation of the bail bond.
7. Learned APP opposes the prayer for bail submitting
that he has criminal antecedents.
8. Considering the submissions of the parties as also
his period of custody and the undertaking that he has given
coupled with the fact that the trial is at an early stage, an
undertaking has been given that he shall be diligently appearing
in trial and shall not indulge in any criminal activity (failure to
do so, the Trial Court shall immediately cancel the bail bond), in
that background, this Court is inclined to extend him the
privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing
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bail bond of Rs. 10,000/- (Ten thousand) each with two sureties
of like amount each to the satisfaction of learned 2nd District &
Additional Sessions Judge-cum-Special Judge, Purnea in
connection with Special Case No. 05 of 2020 arising out of
Baisi P.S. Case No. 89 of 2020 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner 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
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month till the conclusion of the trial to mark
his attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioner 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;
(v) the petitioner shall desist from committing any
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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