Patna High Court
Md KalamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail must be granted as there is no direct evidence of possession and the seized quantity is intermediate, warranting release under Section 480(3) of the BNSS.
Summary
The petitioner, Md Kalam, was arrested along with co‑accused in a case under Sections 8(c), 21(b), 25 and 29 of the NDPS Act for alleged possession of 105 grams of morphine recovered from a co‑accused’s motorcycle. The petitioner argued that no contraband was found in his conscious possession, that the seized quantity constituted an intermediate amount, and that he was falsely implicated. The State contended that all persons apprehended at the spot were part of a conspiracy to deal in narcotics. The court noted the absence of direct evidence against the petitioner, the intermediate quantity of the drug, and the length of his custody, and consequently ordered his release on bail with conditions under Section 480(3) of the BNSS. The bail order required a bond of Rs.10,000 with two sureties and imposed attendance and surety‑relative conditions.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act when no narcotic is recovered from his conscious possession.
- Whether the quantity of 105 grams of morphine qualifies as an intermediate quantity affecting bail considerations.
- Whether mere apprehension and alleged conspiracy are sufficient grounds to deny bail.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 480(3)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- morphine
- intermediate quantity
- possession
- conspiracy
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25602 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- GALGALIYA District- Kishanganj
======================================================
Md Kalam S/o Kashimuddin R/o Dohaso, Srikrishnapur, P.s.- Islampur,
Distt.- Uttardinajpur, W.B.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.NK Agrawal, Sr. Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Galgaliya P.S. Case No. 13 of 2026, registered
for the offences under Sections 8(c), 21(b), 25, 29 of the NDPS
Act.
3. As per the prosecution case, on receipt of secret
information about transaction of psychotropic substance, a team
of SSB personnel was constituted and a trap was laid. One
person came on a motorcycle and he had been waiting for
someone when two persons on another motorcycle came there.
Thereafter, they were surrounded and apprehended. From the
bag hanging from the motorcycle of coaccused Shahid Afridi,
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recovery of 105 grams of Morphine was made.
4. Mr. N.K. Agrawal, learned senior counsel
appearing on behalf of the petitioner submits that the petitioner
is innocent and has been falsely implicated in this case. From
the FIR, it is clear that the recovery of contraband has been
made from motorcycle of coaccused Shahid Afridi and not from
the motorcycle of this petitioner as is shown from the seizure
list. The petitioner has no concern with the coaccused or his
business and nothing incriminating has been recovered from the
conscious possession of this petitioner. Learned senior counsel
further submits that the small quantity of Morphine has been
specified as 5 grams whereas commercial quantity is 250 grams
in the notification of the Government of India. The quantity of
the seized contraband is of intermediate quantity. The petitioner
has been made accused merely on suspicion and there is no
direct evidence against the petitioner. The petitioner has clean
antecedent and he is in custody since 12.02.2026.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner. Learned APP
submits that the petitioner and other coaccused persons were
apprehended from the place from where recovery of 105 grams
of Morphine has been made and from the sequence of evidence
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it is clear that the petitioner and other coaccused persons were
under conspiracy and had been dealing with narcotic
drugs/psychotropic substances.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
fact that no recovery has been shown from the conscious
possession of the petitioner and also considering recovery of
intermediate quantity of contraband and further considering the
period of custody of the petitioner, the petitioner is directed to
be released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned CJM,
Kishanganj/concerned court, in connection with Galgaliya P.S.
Case No. 13 of 2026, subject to the condition laid down under
Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
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consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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