Created by Fuzzy Cloud

Patna High Court

Salauddin Ansari @ Salaudin Ansari @ Salahuddin AnsariversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.