Patna High Court
Abujar @ Md. AbujarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, subject to bond and conditions, finding no sufficient ground to deny bail under the NDPS provisions.
Summary
The petitioner, Md. Abujar, was arrested in Katihar on 23 August 2025 for allegedly possessing 12.59 grams of "smack" and was charged under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He applied for bail, claiming innocence, that the seized quantity was only marginally above the statutory small‑quantity threshold of five grams, and that he was already on bail in another case. The prosecution opposed the bail application. The Court examined the modest quantity, the fact that a charge‑sheet had already been filed, and the length of the petitioner’s custody, and concluded that these factors justified granting bail. Accordingly, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions prescribed under Section 480(3) of the Bihar Narcotic Drugs and Psychotropic Substances Act.
Issues considered
- Whether bail should be granted to a person accused under Sections 8(c) and 21(b) of the NDPS Act for possession of a quantity marginally above the small‑quantity limit.
- Whether the existence of a charge‑sheet and the period of custody affect the bail decision under the NDPS regime.
- Applicability of Section 480(3) of the Bihar Narcotic Drugs and Psychotropic Substances Act in imposing bail conditions.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- cannabis resin
- Section 480(3)
- criminal procedure
- possession of narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1443 of 2026
Arising Out of PS. Case No.-823 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
Abujar @ Md. Abujar S/O Kashumuddin @ Kashmuddin Resident of village-
Hajipur, P.S.- Muffasil, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Musowir, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Katihar Sahayak P.S. Case No. 823 of 2025
registered for the alleged offences under Sections 8(c), 21(b) of
Narcotic Drugs and Psychotropic Substances Act.
03. As per prosecution case, petitioner was
apprehended with 12.59 grams of smack.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner. Moreover, recovered contraband
is much less than the commercial quantity and just above the
small quantity of five grams. The petitioner is having antecedent
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of one case in which he is on bail. Learned counsel further
submits that the petitioner is in custody since 23.08.2025 and
charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
quantity of contraband recovered and further considering the
period of custody of the petitioner along with submission of
charge-sheet, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Sessions Judge-cum-Special Judge
(NDPS Act), Katihar/court concerned in connection with
Katihar Sahayak P.S. Case No. 823 of 2025, subject to the
conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
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or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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