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Patna High Court

Anzar Ali @ Anjar AliversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Anzar Ali was arrested for alleged possession of 10 packets of "PYEEVON SPAS PLUS" containing 2,400 narcotic pills, which his counsel contended were tramadol hydrochloride (50 mg each) amounting to 120 grams. The charge was under Section 22(a) of the NDPS Act, with the prosecution also filing a charge sheet under Section 21(b). The petitioner claimed innocence, no prior criminal record, and argued that the seized quantity, though more than a small amount, was far below the commercial quantity threshold. He had been in judicial custody since 28‑10‑2025 and sought regular bail. After hearing both sides, the Patna High Court granted regular bail on a bond of Rs.10,000 with two sureties, directing his release.

Issues considered

  • Whether the petitioner is eligible for regular bail under the NDPS Act given the quantity of narcotic seized.
  • Whether the absence of prior criminal antecedent and the duration of custody justify granting bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • possession
  • tramadol
  • quantity
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12243 of 2026
                   Arising Out of PS. Case No.-12 Year-2025 Thana- JOGBANI RAIL P.S. District- Katihar
                 ======================================================
                 Anzar Ali @ Anjar Ali Son of Islam R/o Village - Bagdhara, Ward no. 08, P.S.
                 - Jokihat, Dist. - Araria, Bihar.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agarwal, Sr. Advocate
                                                  Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :       Mr. Humayou Ahmad Khan, 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 22(a) of

                   NDPS Act.

                                 3. The case of the prosecution is that from the bag of

                   this petitioner, 10 packets of PYEEVON SPAS PLUS total 2400

                   narcotic pills were found.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that each capsules

                   contains tramadol hydrochloride IP 50 mg and total amount of

                   tramadol hydrochloride which has been recovered is 120 grams.
            Patna High Court CR. MISC. No.12243 of 2026(2) dt.10-03-2026
                                                        2/2




                      Learned counsel has submitted that the alleged contraband

                      which is said to be recovered from the possession of this

                      petitioner is though more than small quantity but is much less

                      than commercial quantity as per NDPS Act. Police has also

                      submitted that charge sheet under Section 21(b) of NDPS Act.

                      A statement has been made in para-3 of this petition that the

                      petitioner has got no criminal antecedent. Moreover, the

                      petitioner is languishing in judicial custody since 28.10.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   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 released on bail in connection with

                      Jogbani P.S. Case No. 12 of 2025 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, Katihar.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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