Patna High Court
Faiyaj @ Ayiyaj @ Ayiyaj AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Faiyaj Alam, was arrested in connection with a case under Sections 8(c), 21(b), 25 and 29 of the NDPS Act, with alleged possession of 8.42 grams of smokeless tobacco and Rs. 20,050. He applied for regular bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed bail, citing three prior criminal convictions. The High Court, after considering the nature of the allegations, the period of custody, and the petitioner’s willingness to comply with conditions, allowed the bail application. The court ordered release on bail of Rs. 10,000 with two sureties of the same amount, subject to conditions including the charitable donation, monthly police station attendance, regular trial participation, and a prohibition on future criminal activity.
Issues considered
- Whether regular bail can be granted to an accused under Sections 8(c), 21(b), 25 and 29 of the NDPS Act.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether the conditions imposed (charitable donation, police attendance, trial cooperation, and non‑involvement in future offences) are lawful and appropriate.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 25, 29, 8(c)
Subjects
- NDPS Act
- regular bail
- drug offences
- criminal antecedents
- bail conditions
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27578 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- NAKARDEI District- East Champaran
======================================================
Faiyaj @ Ayiyaj @ Ayiyaj Alam S/o Gayasuddin Miyan @ Gyasudin Hussain
R/o Village - Sirisiya Mal, P.S. - Nakardei, Dist. - East Chamapran, Bihar,
845305.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohd Rustam Hussain
For the Opposite Party/s : Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State through Virtual Mode.
2. The petitioner seeks regular bail in connection with
Nakardei P.S. Case No. 04 of 2026 registered for the offence
under Section(s) 8(c), 21(b), 25 and 29 of the NDPS Act.
3. As per the prosecution case, 8.42 grams of smack
and 20,050 Nepali rupees were allegedly recovered from the
possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 14.01.2026. It is further submitted
that the petitioner undertakes to donate a sum of Rs. 25,000/-
(Rupees Twenty-Five Thousand only) to a charitable
Patna High Court CR. MISC. No.27578 of 2026(2) dt.28-04-2026
2/3
organization, without prejudice to his defence and without
admitting guilt.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail and submits that the petitioner has
three criminal antecedents.
6. Considering the aforesaid facts and circumstances,
the nature of allegation and the period of custody, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Nakardei P.S. Case
No. 04 of 2026 subject to conditions that:-
(i). The petitioner shall deposit a
sum of Rs. 25,000/- (Rupees Twenty-Five
Thousand only) with Ramakrishna Mission
Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar, and shall produce
a valid receipt thereof before the court
below. The bail bonds shall be accepted only
after verification of the genuineness of the
said receipt.
(ii). The petitioner will mark his
attendance at the Nakardei Police Station on
every Sunday of each month. Any default in
appearance at the Police Station would
result in cancellation of bail bond of the
Patna High Court CR. MISC. No.27578 of 2026(2) dt.28-04-2026
3/3
petitioner.
(iii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iv) The petitioner shall not
involve himself in any criminal activity in the
future. In the event if he is found to be
involved in any case under the NDPS Act or
the Excise Act in the future, his bail bonds
shall automatically be cancelled.
8. 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.
(Sandeep Kumar, J)
Shishir/-
U T
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