Patna High Court
Md. RajaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Md. Raja, was arrested in connection with a case under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly possessing 18.11 grams of 'smack'. He contended that he was falsely implicated, that no contraband was actually recovered from him, and that the police failed to comply with procedural requirements under Sections 50, 42 of the NDPS Act and Section 105 of the BNSS during seizure. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the Patna High Court found merit in the petitioner's arguments and ordered that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Special Judge. The bail order was directed to be implemented in the pending Sadar P.S. Case No. 34 of 2026.
Issues considered
- Whether bail should be granted to a person accused under Sections 8(c) and 21(b) of the NDPS Act for possession of 18.11 grams of narcotic substance.
- Whether non‑compliance with Sections 50, 42 of the NDPS Act and Section 105 of the BNSS by the police affects the grant of bail.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- BNSS — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 42, 50, 8
Subjects
- bail
- NDPS Act
- drug possession
- procedural lapse
- seizure
- surety
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26761 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- PURNEA SADAR District- Purnia
======================================================
Md. Raja Son of Lal Mohammad Resident of Kabristan Tola, Zero Mile, P.S.-
Sadar, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Fazle Karim, Adv.
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sadar P.S. Case No. 34 of 2026 registered for the offence
punishable under Sections 8(c) and 21(b) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the possession of the petitioner, 18.11 grams of smack was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. Police have not complied with
Sections 50 and 42 of the N.D.P.S. He also submits that the
Patna High Court CR. MISC. No.26761 of 2026(2) dt.22-04-2026
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witnesses of the seizure list are police personnel and the police
have not complied with Section 105 of the BNSS while making
the seizure. He further submits that the alleged recovery of
contraband is though more than small quantity but is much less
than commercial quantity. Moreover, the petitioner is
languishing in judicial custody since 18.01.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, N.D.P.S. Act, Purnea in connection with Sadar P.S. Case
No. 34 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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