Patna High Court
Md. Azaz @ Md. AzajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to both petitioners subject to a bond and conditions.
Summary
The petitioners, Md. Azaz and Md. Imtiyaz, were arrested in connection with a case registered under sections 8(c) and 21(b) of the NDPS Act and sections 310(4), 310(5) and 317(5) of the Bihar Narcotic Substances (Control) Act (BNSS). The prosecution alleged that a magazine containing three live cartridges and 9.79 g of heroin (‘smack’) was recovered from petitioner 1, and a loaded country‑made pistol with 8.58 g of heroin was recovered from petitioner 2. The petitioners contended that they were innocent, that the seized items were not in their conscious possession, and that the mandatory provisions of Section 105 of the BNSS were not complied with; they also highlighted that the quantity seized was far below commercial quantity despite exceeding the ‘small quantity’ threshold. The State opposed bail, citing the petitioners’ prior criminal antecedents (six and nine cases respectively). The High Court, after considering the facts and procedural aspects, granted regular bail to both petitioners on a bond of Rs 10,000 with two sureties, subject to conditions of family surety, cooperation with the trial and physical presence throughout the proceedings.
Issues considered
- Whether bail should be granted in offences under the NDPS Act and BNSS given the quantity of narcotics seized and the alleged procedural lapses.
- Whether non‑compliance with Section 105 of the BNSS bars the grant of bail.
- Whether the petitioners’ prior criminal antecedents preclude the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- BNSS
- drug offences
- procedural lapse
- prior criminal record
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17027 of 2026
Arising Out of PS. Case No.-558 Year-2025 Thana- PURNEA SADAR District- Purnia
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1. Md. Azaz @ Md. Azaj S/o Md. Laik Resident of - Aina Mahal, Gulabbagh,
P.S - Sadar, District - Purnia
2. Md. Imtiyaz S/o Md. Laik Resident of - Aina Mahal, Gulabbagh, P.S - Sadar,
District - Purnia
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 8 (c)
and 21 (b) of the NDPS Act and /sections 310 (4), 310 (5), 317
(5) of the BNSS.
3. The case of the prosecution, in brief, is that from
the possession of petitioner no. 1, a magazine containing three
live cartridges and 9.79 grams of ‘smack’ was recovered,
whereas from petitioner no. 2, a loaded country-made pistol and
8.58 grams of ‘smack’ were recovered.
4. Learned counsel for the petitioner submits that the
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petitioners are innocent and have falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from their conscious possession. It
is further submitted that the witnesses to the seizure list are
police personnel, and the mandatory provisions of Section 105
of the B.N.S.S. have not been complied with. It is further
contended that although the alleged contraband is more than
small quantity, it is much less than commercial quantity. The
petitioners are in custody since 04.11.2025. It is also submitted
that petitioner no. 1 has criminal antecedents of six cases and
petitioner no. 2 has criminal antecedents of nine cases.
5. Learned A.P.P. vehemently opposes the prayer for
bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioners on
bail. The above named petitioners are directed to be released on
bail in connection with Sadar P.S. Case No. 558 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge (NDPS Act), Purnea, subject to the conditions
that one of the bailors shall be a family member, and the
petitioners shall cooperate in the trial and remain physically
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present on each and every date before the trial court till the
conclusion of the trial.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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