Patna High Court
Md. Nawab Ali @ Nabab AliversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Md. Nawab Ali, was arrested on 14-12-2025 along with co-accused Papai Ghosh in connection with a case under Sections 8(c) and 21(b) of the NDPS Act, after 105.24 grams of brown sugar/smack were seized and 6‑Monoacetylmorphine (6‑MAM) was detected. The petitioner applied for bail, claiming a clean antecedent and arguing that the contraband was primarily recovered from the co‑accused. The State opposed bail, emphasizing the quantity seized, the presence of the highly addictive 6‑MAM, and non‑compliance with mandatory provisions of the NDPS Act and the BNSS, 2023. The court examined the facts and the statutory framework governing bail in NDPS cases. Finding the circumstances serious, the court refused the bail application.
Issues considered
- Whether bail should be granted to an accused under Sections 8(c) and 21(b) of the NDPS Act when 105.24 grams of narcotic substance and 6‑Monoacetylmorphine are seized.
- Whether the presence of a co‑accused and the petitioner's clean antecedent justify bail despite statutory mandatory provisions.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- narcotic drugs
- 6-Monoacetylmorphine
- quantity of drug seized
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18270 of 2026
Arising Out of PS. Case No.-496 Year-2025 Thana- BAISI District- Purnia
======================================================
Md. Nawab Ali @ Nabab Ali Son of Saifuddin Resident of Village- Rajnagar
Mandal, P.S.- Kaliyaganj (Kaliya Chowk), District- Malda (West Bengal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar Agrawal, Advocate
For the Opposite Party/s : Mr.Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-04-2026 Heard Mr.Praveen Kumar Agrawal, learned counsel
for the petitioner and Mr.Arun Kumar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
14.12.2025 in connection with Baisi P.S. Case No. 496 of 2025,
F.I.R. dated 13.12.2025 registered for the offence punishable
under Sections 8(c),21(b) of NDPS Act.
3. Recovery is of 105.24 Grams of Brown
Sugar/Smack.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent. Further submits that it appears
from the FIR as well as the seizure list that the contraband has
been recovered from possession of co-accused person namely,
Papai Ghosh and petitioner was apprehended alongwith co-
Patna High Court CR. MISC. No.18270 of 2026(3) dt.22-04-2026
2/2
accused person, namely, Papai Ghosh and altogether 105.24
Grams of Brown Sugar/Smack like substance was recovered
from possession of the petitioner. There is non-compliance of
mandatory provisions of NDPS Act as well as the BNSS, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that altogether
105.24 Grams of Brown Sugar/Smack like substance was
recovered from possession of co-accused person and petitioner
was apprehended alongwith co-accused person, namely, Papai
Ghosh and FSL report also confirms that, “6-
Monoacetylmorphine (6-MAM)" was detected in the polythene
packet marked as ‘Ext-1’ described above.
"Monoacetylmorphine (6-MAM)" is highly addictive,
intoxicating narcotic drug/substance.”
6. Considering the aforesaid facts, I am not inclined to
enlarge the petitioner on bail in connection with Baisi P.S. Case
No. 496 of 2025 pending in the court of learned Special Judge,
NDPS Act, Purnea.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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