Patna High Court
Rahim AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Petitioner Rahim Alam was arrested in connection with a case registered under Sections 8(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 53.2 grams of smack. The petitioner claimed he was falsely implicated, asserted that no contraband was actually recovered from him, and highlighted procedural irregularities in the seizure, including non‑compliance with Section 105 of the Bihar Narcotic Substances (Control) Act and the fact that police officers themselves were the sole witnesses to the seizure. The State opposed the bail application, arguing the seriousness of the offence. After hearing both sides, the Court considered the quantity involved (more than a small quantity but less than a commercial quantity), the petitioner’s lack of prior criminal record, and the procedural deficiencies raised. The Court granted bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Principal District & Sessions Judge.
Issues considered
- Whether bail should be granted in an NDPS case involving possession of 53.2 grams of narcotic substance.
- Whether procedural lapses in the seizure (non‑compliance with Section 105 of the BNSS) justify bail.
- Whether the quantity involved (more than small quantity but less than commercial quantity) warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 29, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- procedural lapse
- seizure
- small quantity
- commercial quantity
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26769 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Rahim Alam Son of Nijamudin Miyan Resident of Village -Shivrajpur PS-
Kuchaikote District -Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate
For the Opposite Party/s : Mr. Ashok Kumar 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 Kuchaikote P.S. Case No. 80 of 2026 registered for the
offence punishable under Sections 8(c) and 29 of the N.D.P.S.
Act.
3. The case of the prosecution, in short, is that from
the possession of the petitioner, altogether 53.2 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
Patna High Court CR. MISC. No.26769 of 2026(2) dt.22-04-2026
2/2
Sections 50 and 42 of the N.D.P.S. Act. He also submits that the
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, a statement has been made
in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
13.02.2026.
5. The application for bail is opposed by learned APP
for the State.
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
Principal District & Sessions Judge, Gopalganj in connection
with Kuchaikote P.S. Case No. 80 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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