Patna High Court
Md. Makhtoor @ Mohammad MakturversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court ordered the release of the petitioner on regular bail, subject to bond and conditions.
Summary
The petitioner, Md. Makhtoor, was charged under sections 8(c) and 21 of the NDPS Act for alleged possession of contraband seized during a police search. The seizure list did not specify the exact quantity recovered from him, and the only witnesses were police officers, with no independent corroboration. The petitioner argued that he was falsely implicated, that no narcotic was actually found on his person, and that the required compliance with Section 105 of the B.N.S.S. was lacking. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior similar conviction. The High Court, considering the ambiguity of the seizure, lack of independent evidence, and the petitioner’s custody since 7 January 2026, granted regular bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, attendance before the trial court, and weekly police station reporting.
Issues considered
- What is the applicability of bail provisions under the NDPS Act when the seizure record does not clearly attribute contraband to the accused?
- Whether non‑compliance with Section 105 of the B.N.S.S. invalidates the seizure and warrants bail.
- Whether the quantity of narcotic (between small and commercial) and the petitioner’s prior conviction justify denial of bail.
Legislation cited
- B.N.S.S. — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 21, 8
Subjects
- bail
- NDPS Act
- seizure
- Section 105
- quantity of narcotics
- prior conviction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11563 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- R S P.S. District- Araria
======================================================
Md. Makhtoor @ Mohammad Maktur S/O Umar Faruque @ Umar Faruk
Resident of Village- Chakardah, Ward no.- 8, Chandardai, P.S- Araria R.S.,
District -Araria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Choubey, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8 (c) and
21 of the NDPS Act.
3. The prosecution case, in brief, is that two persons
were searched on suspicion of carrying contraband articles.
From the perusal of the seizure list, it appears that smack was
allegedly recovered from one Sohrab @ Chotu and the present
petitioner. However, the seizure list mentions only the total
weight of the recovered contraband and does not clearly specify
the exact quantity allegedly recovered from the possession of
the petitioner.
Patna High Court CR. MISC. No.11563 of 2026(2) dt.10-03-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that, in
fact, no contraband has been recovered from the possession of
the petitioner. It is further contended that the witnesses to the
seizure list are police personnel and no independent witness has
been associated. It has also been submitted that the provisions of
Section 105 of the B.N.S.S. were not complied with at the time
of the alleged seizure. It is further submitted that the alleged
quantity of contraband is more than the small quantity but less
than the commercial quantity. The petitioner has been in judicial
custody since 07.01.2026 and is stated to have one criminal
antecedent of similar nature.
5. On the other hand, learned A.P.P. has opposed the
prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with R.S. P.S. Case No. 5 of 2026 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge, NDPS Act, Araria, subject to the condition that
Patna High Court CR. MISC. No.11563 of 2026(2) dt.10-03-2026
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the petitioner shall cooperate in the trial, remain physically
present before the Trial Court on each and every date fixed, and
shall mark his weekly attendance at the Araria R.S. Police
Station.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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