Created by Fuzzy Cloud

Patna High Court

Faiyaj @ Ayiyaj @ Ayiyaj AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.