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Patna High Court

Ali Ahmad @ MunnaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court directed that bail be granted to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

The petitioner, Ali Ahmad, was arrested in connection with the recovery of 7.29 kg of heroin (smack) and charged under Sections 8(c), 21(c) and 29 of the NDPS Act, later having a charge framed under Section 27(c) of the Drugs and Cosmetics Act. He had been in custody since 1 July 2025 and earlier had his bail application dismissed as withdrawn on 12 February 2026, with liberty to re‑apply after charge framing. The petitioner sought regular bail, citing that a similarly situated co‑accused had been granted bail by a coordinate bench. The State opposed the bail. The Court, noting the earlier liberty, the framing of charge, and the precedent of bail to the co‑accused, ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to regular bail after the charge has been framed under the NDPS and Drugs and Cosmetics Acts.
  • Whether the precedent of bail granted to a similarly situated co‑accused warrants granting bail to the petitioner.

Legislation cited

Subjects

  • NDPS
  • bail
  • regular bail
  • drugs
  • criminal procedure
  • charge framed
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31255 of 2026
                  Arising Out of PS. Case No.-44 Year-2025 Thana- NAKARDEI District- East Champaran
                 ======================================================
                 Ali Ahmad @ Munna Son of Tahir Miya @ Tahir Hussain @ Tahir Miyan
                 Resident of Village - Sirisiya Mal, P.O.- Nakardei, P.S.- Nakardei, District -
                 East Champaran, Bihar - 845305.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mohd Rustam Hussain, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   15-05-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner has renewed his prayer for grant of

                   regular bail in connection with NDPS Case No.165 of 2025, arising

                   out of Nakardei P.S. Case no.44 of 2025 registered under sections

                   8(c), 21(c) and 29 of the NDPS Act.

                                3. There is a recovery of 7.290 kgs of smack, which was

                   buried in the ground near a bridge.

                                4. Learned counsel for the petitioner submits that earlier

                   the prayer for bail of the petitioner was dismissed as withdrawn vide

                   order dated 12.02.2026, giving liberty to the petitioner to renew his

                   prayer for bail after framing of charge. Referring to the order dated

                   01.04.2026 (Annexure-P/3), it is submitted that charge has been

                   framed against the petitioner for the offence punishable under

                   Section 27(c) of the Drugs and Cosmetics Act. Further, similarly

                   situated co-accused person has been granted bail by co-ordinate
            Patna High Court CR. MISC. No.31255 of 2026(2) dt.15-05-2026
                                                        2/2




                      Bench of this Court vide order dated 13.02.2026 passed in Cr. Misc.

                      No.1324 of 2026 (Annexure-P/4). The petitioner is in custody since

                      01.07.2025 and undertakes to cooperate in the trial.

                                   5. The application for bail is opposed by learned A.P.P. for

                      the State.

                                   6. Taking into consideration the aforesaid facts and

                      circumstances of the case and also considering the liberty granted to

                      the petitioner by the aforesaid order of dismissal dated 12.02.2026,

                      charge having been framed in the case, coupled with the fact that

                      similarly situated co-accused person has been granted bail by co-

                      ordinate Bench of this Court by aforesaid order dated 13.02.2026, the

                      petitioner is directed to be enlarged on bail in connection with NDPS

                      Case No.165 of 2025, arising out of Nakardei P.S. Case no.44 of

                      2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of the

                      learned Court concerned where the case is pending/successor Court.


                                                (Soni Shrivastava, J)

Harsh/-
U       T


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