Patna High Court
Bablu Alam @ BabluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- B.N.S.S. — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
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
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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
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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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