Patna High Court
Md. Sohrab @ Chhotu @ Chotu @ Sohrab @ Md. Sohrab AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Sohrab Ansari, was arrested in connection with an NDNDPS case alleging possession of contraband under sections 8(c) and 21(b) of the NDPS Act. The seizure list recorded only the total weight of the seized narcotics and did not specify the quantity recovered from the petitioner, leading him to claim innocence and lack of direct evidence. He further argued that the seizure was not conducted in compliance with Section 105 of the B.N.S.S., and highlighted that a co‑accused had already been granted bail. The prosecution pointed to the petitioner’s alleged involvement in seven prior cases, while the petitioner asserted only one prior similar offence. Considering the ambiguity in the seizure record, the procedural lapse, and the bail already granted to the co‑accused, the court decided to enlarge bail to the petitioner. He was released on a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation, attendance, and weekly police station reporting.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act given the lack of specific seizure evidence against him.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- B.N.S.S. — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- section 8
- section 21
- seizure ambiguity
- procedural lapse
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13705 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- R S P.S. District- Araria
======================================================
Md. Sohrab @ Chhotu @ Chotu @ Sohrab @ Md. Sohrab Ansari S/O Md.
Rustam Ansari @ Rustam Resident of Village- Rajokhar Bazar Panchayat,
Hayatpur, Ward no. 5, P.S- Araria, District- Araria.
... ... Petitioner/s
Versus
The State of 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 12-03-2026 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(b) 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 the petitioner and Md. Maktur.
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.13705 of 2026(2) dt.12-03-2026
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. He further submits that other co-
accused person namely, Md. Makhtoor @ Mohammad Maktur
has been granted bail by this court vide Cr. Misc. No. 11563 of
2026. Moreover, 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 and submits that the petitioner is having criminal
antecedent of seven cases.
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
Patna High Court CR. MISC. No.13705 of 2026(2) dt.12-03-2026
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bail in connection with R.S. P.S. Case No. 05 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
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)
Sudhanshu/-
U T
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