Patna High Court
Md. HabibversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
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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