Patna High Court
Raj AmanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Petitioner Raj Aman applied for bail in NDPS Case No. 68 of 2025, charged under Sections 8, 21(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act for alleged possession of 200 grams of a smokable substance recovered from his pillion rider and an iPhone recovered from his own possession. He contended that he had no knowledge of the contraband, that the drug was not found in his conscious possession, and that the search violated Section 50 of the NDPS Act. The State opposed the bail, arguing the seriousness of the offence. The Court noted that co‑accused had been granted bail in similar cases and that the petitioner had no prior criminal record and had been in custody since October 2025. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act given the alleged lack of possession and knowledge of the contraband
- Whether the search and seizure conducted violated Section 50 of the NDPS Act
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c), 50, 8
Subjects
- bail
- NDPS Act
- possession
- search and seizure
- procedural violation
- drug offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17729 of 2026
Arising Out of PS. Case No.-286 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Raj Aman S/o Rajeev Ranjan R/o vill - Silampatti, ward no. 19, P.S.-
Saurbazar, Distt.- Saharsa, use to reside at his maternal uncle in the vill -
Raghunathpur, P.S.- S.Kamal, Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with N.D.P.S. Case No. 68 of 2025 arising out of Sahebpur
Kamal P.S. Case No. 286 of 2025 registered for the offence
punishable under Sections 8, 21(c), 22(c) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that the
petitioner who was driving a Splendor motorcycle on which
pillion rider Md. Abdul Jahid Khan was seated and from the
possession of Md. Abdul Jahid Khan, altogether 200 grams of
smack like substance was recovered, and from the possession of
the petitioner, one iPhone mobile was recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.17729 of 2026(3) dt.24-04-2026
2/3
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel further submits that no contraband article
has been recovered from the conscious possession of the
petitioner, and only a mobile phone, which the petitioner claims
to be his own, was recovered from his possession. It is further
submitted that the petitioner had no knowledge that the co-
accused, Md. Abdul Jahid Khan, was carrying any contraband.
Learned counsel submits that the search and seizure were
conducted in contravention of Section 50 of the NDPS Act. It is
further submitted that co-accused Ravi Kumar, from whose
possession the contraband was recovered, has already been
granted the privilege of bail by a learned coordinate Bench of
this Court vide Cr. Misc. No. 18661 of 2026. It is also submitted
that another similarly situated co-accused, namely, Nilesh
Kumar, has been granted bail by a learned coordinate Bench of
this Court vide Cr. Misc. No. 19010 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 02.10.2025.
5. The application for bail is opposed by learned APP
Patna High Court CR. MISC. No.17729 of 2026(3) dt.24-04-2026
3/3
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
Principal District & Sessions Judge, Begusarai in connection
with N.D.P.S. Case No. 68 of 2025 arising out of Sahebpur
Kamal P.S. Case No. 286 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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