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Patna High Court

Bablu Alam @ BabluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Bablu Alam was arrested in Araria Police Station Case No. 418 of 2025 for alleged possession of 48.1 grams of a smack‑like narcotic, charged under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act. The prosecution said a police informant received a tip, set up surveillance and seized the substance from the petitioner’s conscious possession. The petitioner contended that he was falsely implicated, that the physical search violated Section 105 of the B.N.S.S. and the NDPS Act, that the seized amount was only an intermediary quantity and that he had no prior criminal record. The State opposed the bail application. After weighing the procedural objections and the modest quantity, the court ordered that the petitioner be released on regular bail upon furnishing a Rs 10,000 bond with two sureties. The application was allowed.

Issues considered

  • Whether regular bail should be granted to the accused under Sections 8(c) and 21(b) of the NDPS Act
  • Whether the search and seizure complied with Section 105 of the B.N.S.S. and the NDPS Act
  • Whether the intermediary quantity of narcotic seized warrants denial of bail
  • Whether the absence of prior criminal antecedent influences the bail decision

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotic possession
  • search and seizure
  • intermediary quantity
  • criminal antecedent
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14202 of 2026
                        Arising Out of PS. Case No.-418 Year-2025 Thana- ARARIA District- Araria
                 ======================================================
                 Bablu Alam @ Bablu Son of Alauddin @ Md. Alauddin Resident Of Village
                 -Rampur South, Mansuri Tola, Police Station- Forbesganj District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   20-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Araria P.S. Case No. 418

                   of 2025 registered for the offences punishable under Sections

                   8(c)/ 21(b) of the Narcotic Drugs and Psychotropic Substances

                   Act.

                                3. As per the prosecution case, the informant, while

                   on routine patrolling and vehicle checking duty, received a

                   secret information that two persons riding a motorcycle were

                   coming       from      Purnea       carrying       smack-like        contraband

                   substances. On the basis of said information, the informant,

                   along with the police personal, set up surveillance and

                   intercepted the petitioner and co-accused Naushad along with
Patna High Court CR. MISC. No.14202 of 2026(4) dt.20-04-2026
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          the motorcycle. Upon search, total 48.1 grams of smack-like

          substance was recovered from the conscious possession of the

          petitioner and one mobile phone was also recovered from the

          possession of co-accused Naushad.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. It has also been submitted that the procedure

          prescribed under Section 105 of the B.N.S.S. as well as the

          procedure prescribed under NDPS Act with respect to physical

          search have not been followed. Moreover, the quantity of the

          recovered contraband is intermediary quantity, much less than

          the commercial quantity. Lastly, it has been submitted that the

          petitioner has got no criminal antecedent which is also clear

          from the antecedent report of the petitioner which was called for

          by the order dated 12.03.2026 and he is in custody since

          07.10.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the aforesaid submissions of the

          parties as well as the quantity of the seized contraband, let the

          petitioner above-named, be enlarged on bail on furnishing bail-

          bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
              Patna High Court CR. MISC. No.14202 of 2026(4) dt.20-04-2026
                                                          3/3




                        of the like amount each to the satisfaction of learned Court

                        concerned, Araria, in connection with Araria P.S. Case No. 418

                        of 2025.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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