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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 8(c)
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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