Patna High Court
Md. Ali Kousar @ Sabdar @ SabdalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 21(c), 8(c)
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
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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
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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/-
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