Created by Fuzzy Cloud

Patna High Court

Aftab AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.10062 of 2026(3) dt.17-04-2026
                                            2/4




                       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
Patna High Court CR. MISC. No.10062 of 2026(3) dt.17-04-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.10062 of 2026(3) dt.17-04-2026
                                                       4/4




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.