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Patna High Court

Md. HabibversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Md. Habib, was arrested in connection with Sadar P.S. Case No. 532 of 2025 for alleged possession of 13.20 grams of a narcotic substance, alleged to be punishable under Sections 8(c) and 21(b) of the NDPS Act. He contended that the seizure was illegal because the police did not comply with Section 105 of the Bihar Narcotic Substances Act and that no contraband was actually recovered from his possession. He also highlighted that a co‑accused with a larger quantity (15.65 grams) had been granted bail in a similar case (Cr. Misc. No. 4628 of 2026). The State opposed the bail, arguing the seriousness of the offence. After hearing both sides, the Court found the quantity to be small, noted the lack of prior criminal record, and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted in an NDPS case involving a small quantity of narcotic substance.
  • Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • seizure procedure
  • small quantity
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1646 of 2026
                    Arising Out of PS. Case No.-532 Year-2025 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Md. Habib Son of Late Amzad Ali @ Amjad Ali Resident of Village - Paika
                 Gola Kamalpur Ranipatra, P.S.- Mufassil, District - Purnea.
                                                                               ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   18-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Sadar P.S. Case No. 532 of 2025 registered for the offence

                   punishable under Sections 8(c), 21(b) of the N.D.P.S. Act.

                                3. The case of the prosecution, in short, is that from the

                   possession of this petitioner, altogether 13.20 grams of smack like

                   contraband was recovered.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. He also

                   submits that nothing has been recovered from the possession of

                   this petitioner. The witnesses of the seizure list are police

                   personnel and the police has not complied with Section 105 of the

                   BNSS while making the seizure. He further submits that though
           Patna High Court CR. MISC. No.1646 of 2026(4) dt.18-03-2026
                                                       2/2




                     the recovery of alleged contraband is more than small quantity but

                     is much less than commercial quantity. He further submits that

                     similarly situated co-accused namely, Dolly Kumari from whose

                     possession, 15.65 gram of smack like contraband was recovered

                     has been granted bail by this court vide Cr. Misc. No. 4628 of

                     2026. The case of this petitioner stands on similar footing.

                     Moreover, a statement has been made in para 3 of the petition that

                     petitioner has no criminal antecedent and he is languishing in

                     judicial custody since 23.10.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  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 enlarged on bail on furnishing bail bond

                     of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                     like amount each to the satisfaction of the learned Special Judge

                     (NDPS), Purnea in connection with Sadar P.S. Case No. 532 of

                     2025.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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