Patna High Court
Md. Aijaj @ Aijaj AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to all three petitioners, directing them to furnish a bail bond of Rs 10,000 with two sureties each.
Summary
The petitioners, three accused persons, were arrested in connection with a case registered under Sections 8(c) and 21(c) of the NDPS Act for alleged possession of smack totalling 302 grams. The prosecution seized the narcotic, cash and mobile phones from their persons, while the defence argued that the quantity was far below commercial levels and that the accused were falsely implicated. The State opposed bail, noting that one petitioner had prior criminal cases, whereas the others had no antecedents. The court considered the facts, the amount seized, the co‑accused who had already been granted bail, and the length of judicial custody. It ordered that all three petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties each.
Issues considered
- Whether bail should be granted to persons accused under Sections 8(c) and 21(c) of the NDPS Act for possession of a non‑commercial quantity of narcotic.
- Whether the prior criminal record of one accused warrants denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 8(c)
Subjects
- bail
- NDPS Act
- possession of narcotics
- judicial custody
- criminal antecedent
- smack
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.505 of 2026
Arising Out of PS. Case No.-398 Year-2025 Thana- BAHADURGANJ District- Kishanganj
======================================================
Md. Jabir Alam @ Jabid @ Md. Jabid @ Md. Jabin Alam @ Md. Jabir S/O
Late Md. Safique Alam @ Safi Mohammad R/O Ward No. 08, Afsana Road,
Churipati, P.S- Bahadurganj, Dist.- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 2044 of 2026
Arising Out of PS. Case No.-398 Year-2025 Thana- BAHADURGANJ District- Kishanganj
======================================================
Md. Aijaj @ Aijaj Alam S/o Tahbeer Alam @ Md. Tahabir Alam R/o Village-
ward no 11, Kelabari, PS- Pawakhali, Distt.- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 2432 of 2026
Arising Out of PS. Case No.-398 Year-2025 Thana- BAHADURGANJ District- Kishanganj
======================================================
Md. Zameer @ Zameer Alam @ Munna @ Md. Munna S/o Late Md.
Mustakin @ Md. Mustakim @ Mustakim Alam R/o Ward No. 08, Afsana
Road, Churipatti, P.S.- Bahadurganj, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 505 of 2026)
For the Petitioner/s : Mr.Mritunjay Kumar
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
(In CRIMINAL MISCELLANEOUS No. 2044 of 2026)
For the Petitioner/s : Mr.Mritunjay Kumar
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
(In CRIMINAL MISCELLANEOUS No. 2432 of 2026)
For the Petitioner/s : Mr.Mritunjay Kumar
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
Patna High Court CR. MISC. No.505 of 2026(2) dt.05-02-2026
2/3
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Bahadurganj P.S. Case No. 398 of 2025 registered for the
offence punishable under Sections 8(c)/21(c) of the NDPS Act.
3. The case of the prosecution in short is that
altogether 52.44 grams of smack was recovered from the pocket
of petitioner no. 1 namely, Md. Jabir Alam @ Jabid. Apart from
that, some cash and mobile phone was also recovered. From
petitioner no. 2 namely, Md. Jabid, 124.78 grams of smack
along with mobile phone was recovered, and from petitioner no.
3 namely, Md. Zameer 124.78 grams of smack along with
mobile phone was recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. Nothing has been recovered from the possession of
petitioners. He also submits that the amount of contraband
which has been recovered from the possession of these
petitioners are though more than small quantity but is much less
than commercial quantity. He further submits that similarly
Patna High Court CR. MISC. No.505 of 2026(2) dt.05-02-2026
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situated co-accused namely, Uttam Kumar has been granted bail
by this court passed in Cr. Misc. No. 82130 of 2025. He further
submits that petitioner nos. 1 and 2 are languishing in judicial
custody since 01.10.2025 whereas petitioner no. 3 is languishing
in judicial custody since 25.11.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner nos. 1 and 2 are
having no criminal antecedent whereas petitioner no. 3 is having
criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners namely, Md. Aijaj @ Aijaj Alam, Md. Aijaj @
Aijaj Alam and Md. Zameer @ Zameer Alam @ Munna @
Md. Munna are directed to be enlarged on bail on furnishing
bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Sessions Judge-cum-Special Judge, NDPS Act, Kishanganj in
connection with Bahadurganj P.S. Case No. 398 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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