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Patna High Court

Md. NaushadversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

Bail was denied because a commercial quantity of narcotic was found in the accused's possession.

Summary

The petitioner, Md. Naushad, was arrested in connection with a case registered under the NDPS Act for alleged possession of 150 grams of smack. The charge sheet invoked Sections 8(c) and 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner applied for bail before the Patna High Court, arguing that he was entitled to liberty pending trial. The court noted that the quantity seized amounted to a commercial quantity, which under the NDPS Act is a strong ground for denial of bail. Consequently, the bench rejected the bail application, but permitted the petitioner to file a fresh bail petition after six months if the trial remained pending. The order was made on a prima facie basis and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to an accused under Sections 8(c) and 21(c) of the NDPS Act when a commercial quantity of narcotic is recovered.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • narcotics
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25036 of 2026
                    Arising Out of PS. Case No.-313 Year-2025 Thana- MANIYARI District- Muzaffarpur
                 ======================================================
                 Md. Naushad S/o Md. Hasan R/o vill - Aga Nagar, P.S.- Maniyari, Distt.-
                 Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nachiketa Jha, Adv.
                 For the Opposite Party/s :       Mr.Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   14-05-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Naubatpur P.S. Case No.

                   778 of 2025 registered for the offences punishable under

                   Sections 8(c) and 21(c) of NDPS Act which is pending before

                   the learned Spl. Judge-I, NDPS Act, Patna.

                               3. The allegation against the petitioner is that 150

                   Gms of smack was recovered from the possession of the

                   petitioner.

                               4. Considering that nearer to the contraband

                   commercial quantity was recovered from the possession of the

                   petitioner, this court is not inclined to grant bail to the petitioner.

                                 5. Accordingly, the prayer for the bail of the

                   petitioner is rejected.
               Patna High Court CR. MISC. No.25036 of 2026(3) dt.14-05-2026
                                           2/2




                     6. The petitioner may renew his prayer for

           bail after six months if the trial is not concluded.

                     7. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of           adjudication of             the    present   bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                          (Ansul, J)
Vikash/-

U      T


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