Patna High Court
Rahmat Hussain @ RahmatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Rahmat Hussain, was charged under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for the alleged recovery of 15 grams of contraband from a maize field. He contended that he had no possession of the seized material, that the police witnesses failed to comply with Section 105 of the Bihar Narcotic Substances (B.N.S.S.) Act during the seizure, and that he had no prior criminal record. The State opposed the bail application, arguing the seriousness of the offence. After hearing both sides, the Patna High Court found the circumstances—small quantity, lack of personal possession, procedural irregularities, and the petitioner’s clean record—sufficient to justify regular bail. The court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Principal District & Sessions Judge, Araria.
Issues considered
- Whether regular bail should be granted to a person accused under Sections 8(c) and 21(b) of the NDPS Act for a small quantity of contraband.
- Whether non‑compliance with Section 105 of the B.N.S.S. Act by the police affects the bail decision.
- Whether the petitioner’s lack of personal possession and clean criminal record warrant bail.
Legislation cited
- B.N.S.S. Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- contraband
- procedural lapse
- police seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29097 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- R S P.S. District- Araria
======================================================
Rahmat Hussain @ Rahmat S/o Anwar Aalat @ Anwar Alam Resident of
village - Raghunathpur, Ward No 14, P.s- Araria, Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Jha, Advocate
For the Opposite Party/s : Mr.Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 8(c) and
21(b) of N.D.P.S. Act.
3. The case of the prosecution, in short is that from a
Maize field, altogether 15 grams of smack like contraband was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Nothing has been recovered
from his possession. It has further been submitted that the
witnesses of the seizure list are police personnel. Police has not
complied Section 105 of the B.N.S.S. while making the seizure.
Patna High Court CR. MISC. No.29097 of 2026(2) dt.06-05-2026
2/2
It has further been submitted that the alleged recovery of
contraband is though more than small quantity but is much less
than commercial quantity. P etitioner is having no criminal
antecedent and he is languishing in judicial custody since
15.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Araria R.S. P.S. Case No. 56 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Principal District & Sessions
Judge, Araria.
(Ashok Kumar Pandey, J)
lata/-
U T
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