Patna High Court
Salauddin Ansari @ Salaudin Ansari @ Salahuddin AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Salauddin Ansari, was arrested in connection with a case registered under Sections 20(B)(ii)(b) and 22(B) of the NDPS Act for alleged possession of 80 grams of ganja. He applied for bail, claiming innocence, false implication, non‑compliance of Section 105 of the BNSS by the police, and that the seized quantity was below the threshold of a 'small quantity'. The State opposed the bail. After hearing both sides, the Court considered the procedural lapses and the relatively low quantity, and decided to grant bail on the condition of a Rs.10,000 bond with two sureties. The petitioner was ordered to be released on bail pending further trial.
Issues considered
- Whether bail should be granted in an NDPS case involving alleged possession of 80 grams of ganja.
- Whether the seizure complied with Section 105 of the BNSS.
- Whether the quantity seized qualifies as a 'small quantity' under the NDPS Act, justifying bail.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B)(ii)(b), 22(B)
Subjects
- bail
- NDPS Act
- drug possession
- small quantity
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17376 of 2026
Arising Out of PS. Case No.-386 Year-2025 Thana- SHERGHATI District- Gaya
======================================================
Salauddin Ansari @ Salaudin Ansari @ Salahuddin Ansari Son of Late
Muslim Ansari R/o Village - Gopalpur, P.S. - Sherghati,Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dheeraj Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 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 Sherghati P.S. Case No. 386 of 2025 registered for the
offence punishable under Sections 20(B)(ii)(b) and 22(B) of the
N.D.P.S. Act.
3. The case of the prosecution in short is that from
possession of this petitioner, altogether 80 gm 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. Learned counsel for the petitioner has submitted that
nothing has been recovered from the possession of this
Patna High Court CR. MISC. No.17376 of 2026(2) dt.18-03-2026
2/2
petitioner. Learned counsel for the petitioner has further
submitted that the witnesses of the seizure list are police
personnel and police has not complied Section 105 of the
BNSS. It has further been submitted that the alleged recovery of
the contraband is much less than small quantity. Learned
counsel for the petitioner has further submitted that the
petitioner is languishing in judicial custody since 10.09.2025.
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 District
and Additional Sessions Judge-IV, Gaya Ji in connection with
Sherghati P.S. Case No. 386 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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