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Patna High Court

Md. ShahzadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.1883 of 2026(2) dt.19-01-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.1883 of 2026(2) dt.19-01-2026
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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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