Patna High Court
Murtuza AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to conditions.
Summary
Murtuza Ali was arrested on 4 February 2026 in connection with the recovery of 32 grams of smack seized from his son, Sahnawaz Ali, and was charged under Sections 8, 21(b) and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He contended that he had no knowledge of the contraband, that the seizure did not comply with the mandatory provisions of Section 50 of the NDPS Act, and that the quantity was below the commercial threshold, rendering the embargo provision of Section 37 inapplicable. The State opposed his bail application. The Court observed the non‑compliance of Section 50, the sub‑commercial quantity of the seized narcotic, and the absence of any possession by the petitioner, and consequently ordered his release on bail with a bond of Rs 10,000 and several conditions. The order also directed the Sessions Court to verify his antecedents and to cancel the bail if he breaches any condition.
Issues considered
- Whether bail can be granted under the NDPS Act when the accused is not in actual possession and the seized quantity is below commercial quantity
- Whether non‑compliance with Section 50 of the NDPS Act and Sections 103 and 105 of the Bihar Narcotic Substances Act precludes bail
- Whether the embargo provision of Section 37 of the NDPS Act applies in the present facts
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 22, 37, 50, 8
Subjects
- bail
- NDPS Act
- Section 50 compliance
- commercial quantity
- seizure list
- father of co‑accused
- conditions of bail
- Siwan case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30781 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- Sarai P.S. District- Siwan
======================================================
Murtuza Ali S/o Late Fateh Hussain Resident of Village - Makhdoom, P.S. -
Sarai, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Ritika Kumari, Advocate
For the State : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard Ms. Ritika Kumari, learned counsel for the
petitioner and Mr. Uday Pratap Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
04.02.2026, in connection with Siwan Sarai P.S. Case No. 32 of
2026, F.I.R. dated 04.02.2026 registered for the offences
punishable under Sections 8, 21(b) and 22 of N.D.P.S. Act.
3. The case relates to recovery of 32 grams of
Smack.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. From perusal of the F.I.R. as well
as seizure list it appears that the contraband has been recovered
from the possession of co-accused person, namely, Sahnawaz
Ali and petitioner has been made accused in the present case
Patna High Court CR. MISC. No.30781 of 2026(2) dt.06-05-2026
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merely on the ground that the petitioner is the father of co-
accused Sahnawaz Ali. She further submits that the petitioner
has no role at all in the present occurrene and he has no
knowledge about the conduct of his son. It appears from the
seizure list that there is non compliance of mandatory provisions
of Section 50 of the N.D.P.S. Act and the seizure list witnesses
are police personnel so there is also non compliance of Section
103 and 105 of the B.N.S.S. and the recovered contraband is
less than the commercial quantity, so there is no embargo under
Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail
and apart from that nothing has been recovered from the
conscious possession of the petitioner. She further submits that
the police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 04.02.2026.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that there is non compliance of mandatory
provisions of Sections 50 of the N.D.P.S. Act and 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/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.30781 of 2026(2) dt.06-05-2026
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of the like amount each to the satisfaction of learned Sessions
Court, Siwan in connection with Siwan Sarai P.S. Case No. 32
of 2026, subject to the following conditions :-
(1) 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 absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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.
(3) 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
Patna High Court CR. MISC. No.30781 of 2026(2) dt.06-05-2026
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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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