Patna High Court
Anzar Ali @ Anjar AliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 22(a)
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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