Patna High Court
AslamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, subject to a bond of Rs.10,000, two sureties, and verification of antecedents by the trial court.
Summary
The petitioner, Aslam, applied for regular bail in a case registered under Sections 8 and 20(b)(ii)(c) of the NDPS Act, alleging that contraband was found on other accused and that he was falsely implicated. The prosecution alleged that the petitioner was identified by a chowkidar and that he had communicated with co‑accused on the date of the incident. The petitioner contended that no contraband was recovered from his possession and that his name surfaced only because of his proximity to the co‑accused and phone calls. The State opposed bail, citing four prior criminal cases against the petitioner. After hearing both sides, the High Court granted bail on a bond of Rs.10,000 with two sureties, subject to the trial court verifying the alleged antecedents.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Sections 8 and 20(b)(ii)(c) of the NDPS Act.
- Whether the alleged criminal antecedents justify denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
Subjects
- bail
- NDPS Act
- regular bail
- criminal antecedents
- high court
- contraband
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30815 of 2026
Arising Out of PS. Case No.-83 Year-2025 Thana- KUWARI District- Araria
======================================================
Aslam Son of Kalim Resident of Pahusi, Gariya, Ward No. 12, P.S. not given,
District- Araria, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.N.K. Agarawal, Sr. Advocate
Mr. Saroj Kumar Choudhary, Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 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 and 20(b)
(ii)(c) of the N.D.P.S.
3. The case of the prosecution, in short, is that certain
persons were carrying contraband on their head and on seeing
the police, they started fleeing away and the Mahal Chowkidar
disclosed that he has identified Guddu and Tasdiqque in the
light of torch.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.30815 of 2026(2) dt.07-05-2026
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case. Learned counsel for the petitioner has submitted that
nothing has been recovered from the possession of this
petitioner. Recovery was made from the sacks which is alleged
to have thrown by the unknown persons out of which two
persons were identified. The name of this petitioner has surfaced
during investigation as it was found that the petitioner was of
same ward and has talked over mobile phone many times with
co-accused Guddu on the date of the occurrence. Petitioner is
languishing in judicial custody since 17.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of four cases.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, Araria in connection with Kuwari P.S. Case No. 83 of
2025 with the condition that while accepting the bail bond
of the petitioner, learned trial Court will verify the
antecedents as the petitioner has mentioned two criminal
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antecedents before learned trial Court whereas he has
referred four criminal antecedents before this Court.
(Ashok Kumar Pandey, J)
lata/-
U T
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