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Patna High Court

NISHAR ALAM @ MD. NISAR ALAMversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner with a bond of Rs 10,000 and two sureties, subject to conditions.

Summary

The petitioner, Nisar Alam, was arrested on 19‑02‑2026 in connection with an FIR dated 24‑01‑2026 alleging offences under Sections 8(c) and 21(b) of the NDPS Act. The police recovered 44 g of smack from the house of a co‑accused, not from the petitioner’s possession, and the quantity was below the commercial threshold, negating the embargo under Section 37. The petitioner claimed a clean antecedent and that the allegations were fabricated, while the State opposed bail. The court noted the co‑accused had already been granted bail and, considering the facts, ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to standard conditions. The order emphasized cooperation with the trial, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner under the NDPS Act given the alleged offences and the quantity of narcotics involved.
  • Whether the embargo provision of Section 37 of the NDPS Act applies when the seized quantity is less than commercial quantity.
  • Whether the petitioner’s clean antecedent and the bail granted to a co‑accused influence the decision on bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics
  • commercial quantity
  • clean antecedent
  • co‑accused
  • Section 37 embargo
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30141 of 2026
                         Arising Out of PS. Case No.-15 Year-2026 Thana- R S P.S. District- Araria
                 ======================================================
                 NISHAR ALAM @ MD. NISAR ALAM S/O JAHIRUDDIN R/O
                 Hariyabara, Ward no. 3, P.S.- R.S., Dist.- Araria.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Kundan Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-05-2026                    Heard Mr. Kundan Kumar Singh, learned counsel for

                   the petitioner and Mr. Syed Ehteshamuddin, learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail who is in custody since

                   19.02.2026 in connection with R.S. (Araria R.S.) P.S. Case No. 15

                   of 2026, F.I.R. dated 24.01.2026 registered for the offence

                   punishable under Sections 8(c)/21(b) of N.D.P.S.Act.

                                3. Recovery is of 44 Gms of Smack.

                                4. Learned counsel appearing for the petitioner submits

                   that the petitioner has clean antecedent and the petitioner has been

                   falsely implicated in the present case. The allegation as alleged in

                   the FIR is false and fabricated and the petitioner has not

                   committed any offence as alleged in the FIR. He further submits

                   that it appears from the FIR as well as seizure list that no
Patna High Court CR. MISC. No.30141 of 2026(2) dt.07-05-2026
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          incriminating article has been recovered from conscious

          possession of the petitioner or the house of the petitioner rather the

          recovery has been made from the house of co-accused person,

          namely, Md. Ammar Alam @ Amar and the name of the petitioner

          has been transpired on the basis of disclosure made by

          apprehended co-accused person.                  He further submits that

          altogether 44 grams of Smack with paper has been recovered from

          the house of co-accused person and the recovered contraband is

          less than the commercial quantity. Hence, there is no embargo

          under Section 37 of the N.D.P.S.Act                  for grant of bail to the

          petitioner. He further submits that co-accused person, namely,

          Md. Rais Uddin @ Md. Rayaisuddin has been granted bail by this

          Court vide order dated 24.03.2026 passed in Cr. Misc. No. 18603

          of 2026 and the police, after investigation, submitted chargesheet

          against the petitioner and the petitioner is in custody since

          19.02.2026.

                       5. Learned A.P.P. for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and the fact that the

          petitioner having clean antecedent and co-accused person has been

          granted bail by this Court as well as the recovered contraband is

          less than the commercial quantity, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs.10,000/- (Ten
               Patna High Court CR. MISC. No.30141 of 2026(2) dt.07-05-2026
                                                           3/3




                         Thousand) with two sureties of the like amount each to the

                         satisfaction of learned Sessions Judge-cum-Special Judge, NDPS

                         Act, Araria in connection with R.S. (Araria R.S.) P.S. Case No. 15

                         of 2026, with the following conditions:-

                                      (I) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and on

                         his/her absence on two consecutive dates without sufficient reason,

                         his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at any

                         stage, it is found that the petitioner has concealed his criminal

                         antecedent, the court below shall take step for cancellation of bail

                         bond of the petitioner. However, the acceptance of bail bonds in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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