Patna High Court
Md. Ishak @ Isak @ Md. IsakversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Md. Ishak, sought bail in a case (Purnea Sadar PS Case No. 540 of 2025) under Sections 8(c) and 21(b) of the NDPS Act, where the prosecution alleged that 10.65 grams of contraband were seized from his possession. The petitioner claimed innocence, asserted that no seizure was made from him, and argued that the police failed to comply with Section 105 of the BNSS while making the seizure. He also highlighted that a co‑accused, Md. Aslam, had been granted bail in a similar case and that he had been in judicial custody since 24‑10‑2025. The State opposed bail, citing the petitioner’s two prior criminal cases. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted in an NDPS case where the quantity seized exceeds the ‘small quantity’ threshold but is less than ‘commercial quantity’.
- Whether non‑compliance with Section 105 of the BNSS during seizure affects the bail decision.
- Whether the petitioner’s prior criminal antecedents preclude bail.
- Whether the petitioner is entitled to bail on the same footing as the co‑accused Md. Aslam.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- drug seizure
- small quantity
- commercial quantity
- criminal antecedent
- Section 105
- equality before law
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10124 of 2026
Arising Out of PS. Case No.-540 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Md. Ishak @ Isak @ Md. Isak S/o Md. Kayum R/o vill- Lakahanjhari, Hasda,
Zeromile, PS- Sadar, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dheeraj Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Purnea Sadar P.S. Case No. 540 of 2025 registered for the offence
punishable under Sections 8(c), 21(b) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that
altogether 10.65 grams of smack like contraband was recovered
from the possession of this petitioner.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that nothing has been recovered from the possession of
this petitioner. He also submits that the witnesses of the seizure
list are police personnel and the police has not complied with
Patna High Court CR. MISC. No.10124 of 2026(3) dt.18-03-2026
2/2
Section 105 of the BNSS while making the seizure. He further
submits that the alleged contraband recovered from the possession
of the petitioner is more than small quantity but is much less than
commercial quantity. He further submits that similarly situated co-
accused namely, Md. Aslam has been granted bail by this court
vide Cr. Misc. No. 12568 of 2026. The case of this petitioner
stands on similar footing. Moreover, the petitioner is languishing
in judicial custody since 24.10.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge (NDPS Act), Purnea in connection with Purnea Sadar P.S.
Case No. 540 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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