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Patna High Court

Murtuza AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




          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
                                                           4/4




                         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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