Patna High Court
Fulman AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Fulman Ansari, was arrested in connection with a case under the NDPS Act where police claimed to have recovered 12.150 kg of ganja from his possession. The petitioner contended that he was innocent, that the seizure was not made in compliance with Section 105 of the B.N.S.S., and that the police had no proper kit to identify the contraband. He also argued that the quantity, while more than a small amount, was far below commercial levels and that he had no prior criminal record, having been in judicial custody since October 2024. The State opposed bail, citing the seriousness of the offence. After hearing both sides, the court found merit in the petitioner's arguments and ordered that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount, subject to the satisfaction of the Special Judge.
Issues considered
- Whether bail can be granted to an accused under Sections 20(B)IIB, 23(b), 25 and 29 of the NDPS Act.
- Whether the seizure complied with Section 105 of the B.N.S.S. and thus affects the bail consideration.
- Whether the quantity of narcotic seized justifies denial of bail.
Legislation cited
Subjects
- bail
- NDPS Act
- seizure
- Section 105
- judicial custody
- drug offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16965 of 2026
Arising Out of PS. Case No.-369 Year-2024 Thana- RAXAUL District- East Champaran
======================================================
Fulman Ansari, S/o Wasir Miya, Resident of Village- Khutwa Parsoni, P.S.-
Kaleya, Dist.- Bara, Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Raxaul P.S. Case No. 369 of 2024 registered for the
offence punishable under Sections 20(B)IIB, 23(b), 25 and 29 of
N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, altogether 12.150 Kg. of ganja
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. Nothing has been recovered from his possession. The
witnesses of the seizure list are police personnel. Police has not
Patna High Court CR. MISC. No.16965 of 2026(2) dt.16-03-2026
2/2
complied Section 105 of the B.N.S.S. while making the seizure.
It has further been submitted that the police who has
apprehended this petitioner was not having any kit. It is only the
assumption of the police that the contraband is ganja. It has also
been submitted that though the alleged recovery of the
contraband is more than small quantity but is much less than
commercial quantity. Petitioner is having no criminal antecedent
and he is languishing in judicial custody since 07.10.2024.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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
Exclusive Special Judge, Court No. II, NDPS Act, East
Champaran at Motihari in connection with Raxaul P.S. Case No.
369 of 2024.
(Ashok Kumar Pandey, J)
lata/-
U T
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