Patna High Court
Md. ShahzadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the seized quantity is below the commercial threshold and the petitioner has a clean antecedent.
Summary
The petitioner, Md. Shahzad, was arrested on 17 September 2025 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 1.10 kg of ganja. He applied for bail, claiming a clean antecedent and that the alleged contraband was less than the commercial quantity, rendering Section 50 of the NDPS Act inapplicable. The prosecution opposed the bail. The court examined the facts, noting the quantity was indeed below the commercial threshold and the petitioner had no prior record. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Sessions/Special Judge (NDPS) in Patna.
Issues considered
- Whether bail can be granted in an NDPS case where the seized quantity is less than the commercial quantity.
- Whether Section 50 of the NDPS Act applies to the present case.
- Whether the petitioner’s clean antecedent warrants bail despite the charges under Sections 8 and 20(b)(ii)(B) of the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 50, 8
Subjects
- bail
- NDPS Act
- narcotic drugs
- commercial quantity
- Section 50
- criminal antecedent
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1883 of 2026
Arising Out of PS. Case No.-1531 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Md. Shahzad S/o late Md. Yasin R/o Thkavai Biharshaqrif, P.S.- Biharsharif,
District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Faiz Naseem, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-01-2026 Heard Mr. Faiz Naseem, learned counsel for the
petitioner and Mr. Madhura Nand Jha, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
17.09.2025 in connection with Phulwarisharif P.S. Case No.
1531 of 2025, F.I.R. dated 16.09.2025 for the offences
punishable under Sections 8, 20(b)(ii)(B) of the N.D.P.S. Act.
3. According to prosecution case, total 1.10 Kg. of
ganja was recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. Nothing has been
recovered from the conscious possession of the petitioner. From
bare perusal of seizure list, altogether 1.10 Kg. of ganja was
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recovered from possession of petitioner but the same is less than
the commercial quantity. There is non-complaince of section 50
of N.D.P.S. Act. He further submits that the police after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 17.09.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and the recovery of alleged
contraband is less than the commercial quantity, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Sessions
Judge/Special Judge (NDPS), Patna in connection with Phulwari
Sharif P.S. Case No. 1531 of 2025, with the following
conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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