Patna High Court
NISHAR ALAM @ MD. NISAR ALAMversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 37, 8(c)
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
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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
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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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