Created by Fuzzy Cloud

Patna High Court

Md. Ali Kousar @ Sabdar @ SabdalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Md. Ali Kousar, was arrested in connection with a Special NDPS case for alleged possession of 2,136.60 grams of a smack-like substance, charged under Sections 8(c) and 21(c) of the NDPS Act, 1985. He contended that the substance was recovered from two co-accused and that he had no conscious possession, asserting his innocence and lack of prior criminal record. The State opposed his bail application, while the petitioner sought release pending trial. After hearing both sides, the court considered the facts, the charge sheet, and the petitioner’s claim of innocence, and decided to grant bail with a cash bond of Rs.10,000 and two sureties, imposing several conditions including cooperation with the trial, regular attendance, and non‑tampering with evidence. The order also stipulated that any failure to comply could lead to cancellation of bail.

Issues considered

  • Whether bail should be granted to the accused under the NDPS Act for alleged possession of a large quantity of narcotic substance.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotic drugs
  • possession
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24127 of 2026
                    Arising Out of PS. Case No.-373 Year-2025 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Md. Ali Kousar @ Sabdar @ Sabdal, Son of Late Md. Sakib @ Sakil @
                 Gueya, Resident Of Village- Istama Tola, Ward no. 04, Ps- Town, Dist- Araria
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nishant Kumar Sinha, Adv.
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   16-04-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Special (N.D.P.S. Act) Case No. 13 of 2026, CIS No. 13 of

                   2026 arising out of Sadar P.S. Case No. 373 of 2025 dated

                   23.07.2025 registered for the offence punishable under

                   Sections 8(c) and 21(c) of the N.D.P.S. Act, 1985.

                                3. The allegation is of recovery of 2136.60 grams

                   of smack like substance from the possession of two accused

                   persons.

                                4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in

                   this case. It is submitted that nothing has been recovered
Patna High Court CR. MISC. No.24127 of 2026(2) dt.16-04-2026
                                            2/3




          from conscious possession of the petitioner, rather, the said

          illicit    smack       like     substance        was   recovered   from

          apprehended accused persons. Only on the disclosure made

          by the two accused persons that the said article was to be

          delivered to the said petitioner, the petitioner has been made

          accused in this case. The petitioner is in custody since

          22.01.2026, having no criminal antecedent and charge-sheet

          has been submitted in the case.

                       5. Learned A.P.P for the State opposes the prayer

          for bail of the petitioner.

                       6. Having considered the facts and circumstances

          of the case and submissions of learned counsel for the

          parties, let the petitioner be released on bail upon furnishing

          bail bonds of Rs. 10,000/- (ten thousand) with two sureties

          of the like amount each to the satisfaction of the learned

          Special Judge (N.D.P.S. Act), Purnia in connection with

          Special (N.D.P.S. Act) Case No. 13 of 2026, CIS No. 13 of

          2026 arising out of Sadar P.S. Case No. 373 of 2025,

          subject to the following conditions:-

                                        1. Petitioner shall co-operate in the trial
                          and shall be properly represented on each and
                          every date fixed by the Court and on his absence on
            Patna High Court CR. MISC. No.24127 of 2026(2) dt.16-04-2026
                                                        3/3




                                      two consecutive dates without sufficient reason, his
                                      bail bond shall be cancelled by the Court below.

                                               2. One of the bailors will be his own blood
                                      relation, preferably father, mother, brother, sister
                                      and or his wife.

                                               3. The bailor shall also state on affidavit that
                                      he will inform the court concerned if the petitioner
                                      is made accused in any other case of similar nature
                                      after his release in the present case and thereafter
                                      the court below will be at liberty to initiate the
                                      proceeding for cancellation of bail on ground of
                                      misuse.

                                               4. If the petitioner tampers with the evidence
                                      or the witnesses, in that case, the prosecution will
                                      be at liberty to move for cancellation of bail.
                                                      5. The petitioner within two weeks of
                                      his release from custody shall appear before the
                                      S.H.O. of his local area alongwith a copy of this
                                      order and shall appear every fortnightly to mark his
                                      attendance till the framing of charge in the trial
                                      court.



                                                   (Khatim Reza, J)
prabhat/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.