Patna High Court
Sohed Alam @ Soyyad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's application for regular bail.
Summary
The petitioner, Sohed Alam, was arrested in connection with a case registered under Sections 8(c) and 21(b) of the NDPS Act after 50.88 grams of brown sugar were recovered from an e‑rickshaw. He claimed innocence, asserted a clean antecedent, and had been in custody since 21 January 2026. The State opposed his regular bail application, arguing the seriousness of the offence. The Patna High Court, after considering the facts and the petitioner’s clean record, allowed the bail application subject to monetary sureties and specific attendance conditions. The order emphasized that the observations were prima facie and not a determination on the merits of the underlying criminal case.
Issues considered
- Whether regular bail can be granted in a case under Sections 8(c) and 21(b) of the NDPS Act.
- Whether the petitioner’s clean antecedent and the nature of the seized narcotics justify bail.
- What conditions may be imposed on bail in such NDPS matters.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- regular bail
- NDPS Act
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19868 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- DIGHALBANK District- Kishanganj
======================================================
Sohed Alam @ Soyyad Alam Son of Jaherul Resident of village- Mohamari
Kajla ward no. 2, Ps- Dighalbank, District -Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar
For the Opposite Party/s : Ms. Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Dighalbank P.S. Case No. 23 of 2026 registered for the offence
under Section(s) 8(c) and 21(b) of the NDPS Act.
3. As per the prosecution case, there is recovery of
50.88 gram of brown sugar from the E-rickshaw.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 21.01.2026 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.19868 of 2026(2) dt.01-04-2026
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of the case and the recovery, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Dighalbank P.S.
Case No. 23 of 2026 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Dighalbank Police Station
on the first Sunday of each month. Any
default in appearance at the Police Station
would result in cancellation of bail bond of
the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
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.
8. It is made clear that any observation made herein
Patna High Court CR. MISC. No.19868 of 2026(2) dt.01-04-2026
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is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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