Patna High Court
Md. Maksood @ Md. Maksood AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, subject to a bond of Rs 10,000 and two sureties.
Summary
The petitioner, Md. Maksood Alam, was charged under Sections 8(c) and 21(b) of the NDPS Act for alleged possession of 25.69 g of smack, seized by police. The petitioner contended that no contraband was actually recovered and that the seizure was not made in compliance with Section 105 of the Bihar Narcotic Substances (Control) Act. He also highlighted that he had been in judicial custody since 10 December 2025 and argued that the quantity seized, though more than a ‘small quantity’, was far below a commercial amount. The State opposed bail, citing three prior criminal cases against the petitioner. After hearing both sides, the Court, noting the procedural lapse and the relatively small quantity, granted bail on condition of a Rs 10,000 bond with two sureties.
Issues considered
- Whether bail should be granted in an NDPS case where the alleged seizure exceeds the statutory ‘small quantity’ but is less than a commercial quantity.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances (Control) Act during seizure warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- procedural lapse
- seizure
- prior criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23094 of 2026
Arising Out of PS. Case No.-293 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
Md. Maksood @ Md. Maksood Alam son of Md. Nijamuddin @ Md.
Nizamuddin R/O- Makhdumpur, Haflaganj, Sirnia, P. S- Muffassil, District-
Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Muffasil P.S. Case No.293 of 2025 registered for the
offence punishable under Sections 8(c) & 21(b) of the NDPS
Act.
3. The case of the prosecution, is that, altogether
25.69 gm of smack was recovered from the possession of this
petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. Learned counsel for the
petitioner has further submitted that the witnesses of the seizure
Patna High Court CR. MISC. No.23094 of 2026(2) dt.08-04-2026
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list are police personnel and police has not complied Section
105 of the BNSS while making seizure. It has further been
submitted that the alleged recovery of contraband is though
more than small quantity but is much less than commercial
quantity. Learned counsel for the petitioner has further
submitted that the petitioner is in judicial custody since
10.12.2025.
5. The application for bail is opposed by learned APP
for the State. Learned APP has further submitted that the
petitioner is having criminal antecedent of three 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 petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Principal District & Sessions Judge, Katihar in connection with
Muffasil P.S. Case No.293 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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