Patna High Court
Md. Abdul Jahid Khan @ Md. Abdul Jahir KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail in the NDPS case.
Summary
Md. Abdul Jahid Khan was arrested in connection with NDPS Case No. 68 of 2025 after police recovered about 200 grams of contraband, a mobile phone and a train ticket from his bike. The petitioner contended that he was falsely implicated, that the seizure was not made in compliance with Section 105 of the BNSS Act, and that the quantity seized was far below commercial levels. He also pointed out that a co‑accused, Ravi Kumar, had been granted bail in a similar case and that he had no prior criminal record, having been in judicial custody since 2 October 2025. The State opposed bail, arguing the seriousness of the offence under Sections 8, 21(c) and 22(c) of the NDPS Act. After considering the procedural aspects, the quantity involved, the lack of antecedents and the precedent of bail to a similarly situated accused, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order effectively disposes of the bail petition in the petitioner’s favour.
Issues considered
- Whether bail can be granted in an NDPS case where 200 grams of contraband has been seized.
- Whether non‑compliance with Section 105 of the BNSS Act during seizure vitiates the prosecution’s case.
- Whether the quantity seized, being less than commercial quantity, justifies bail.
- Whether the precedent of bail granted to a co‑accused is applicable.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c), 8
Subjects
- NDPS Act
- bail
- drug trafficking
- seizure procedure
- quantity of contraband
- criminal antecedent
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23938 of 2026
Arising Out of PS. Case No.-286 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Md. Abdul Jahid Khan @ Md. Abdul Jahir Khan S/o Md. Abdul Latif @ Md.
Abdul Latif Khan @ Abdul Latif Resident of Village- Silampur Sardar Tola,
P.S.- Kaliachak, District- Malda (W.B.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and the learned
APP for the State.
2. The petitioner has prayed for bail in connection with
NDPS Case No. 68 of 2025 arising out of Sahebpur Kamal P.S.
Case No. 286 of 2025 registered for the offence punishable under
Sections 8/21(c)/22(c) of the NDPS Act.
3. The case of the prosecution, in short, is that from the
bike of this petitioner, altogether 200 grams of smack like
contraband was recovered. One mobile and train ticket were also
recovered from the possession of the petitioner.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that the witnesses of the seizure list are police personnel
and the police has not complied with Section 105 of the BNSS
Patna High Court CR. MISC. No.23938 of 2026(2) dt.24-04-2026
2/2
while making the seizure. He further submits that the alleged
recovery of contraband is though more than small quantity but is
much less than commercial quantity. He further submits that
similarly situated co-accused namely, Ravi Kumar has been
granted bail by this court vide Cr. Misc. No. 18661 of 2026. The
case of this petitioner stands on similar footing. Moreover, a
statement has been made in para 3 of the petition that petitioner has
no criminal antecedent and he is languishing in judicial custody
since 02.10.2025.
5. The application for bail is opposed by learned APP for
the State.
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 learned Principal Sessions
Judge, Begusarai in connection with NDPS P.S. Case No. 68 of
2025 arising out of Sahebpur Kamal P.S. Case No. 286 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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