Patna High Court
Majhar AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioner subject to a bond and specified conditions.
Summary
Majhar Alam was arrested on 12 February 2026 in connection with a case involving the alleged possession of 105 grams of morphine, charged under Sections 8(c), 21(b), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The petitioner contended that he was falsely implicated, that the seized drugs were actually in the possession of co‑accused Md. Kalam and Shahid Afridi, and that the quantity did not constitute a commercial amount, thereby negating the embargo provision of Section 37. He also argued that the mandatory provisions of Sections 42 and 50 of the NDPS Act had not been complied with. The State opposed bail. The High Court, after considering the submissions, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation with the trial, appearance in court, and no tampering with evidence or concealment of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under the NDPS Act for possession of morphine.
- Whether the quantity seized falls below the commercial threshold, thereby removing the embargo under Section 37 of the NDPS Act.
- Whether the mandatory provisions of Sections 42 and 50 of the NDPS Act have been complied with.
- Whether the petitioner’s alleged lack of conscious possession and the bail granted to a co‑accused affect his bail eligibility.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 25, 29, 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- morphine
- false implication
- commercial quantity
- embargo
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31280 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- GALGALIYA District- Kishanganj
======================================================
Majhar Alam S/o Majirul Haq @ Majhrul Haquie At present residing at -
Hotel Supreme Loch Nagar Road Bus Stand Darjeeling, P.S - Darjeeling
Sadar, District - Darjeeling, Permanent Address - R/o Village - Khabar Gaon
Ambari, P.S - Islampur, District - Uttar Dinazpur, State - West Bengal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-05-2026 Heard Mr. Ram Prawesh Kumar, learned counsel
for the petitioner and Mr. Anand Kishore Choudhary, learned
APP for the State.
2. Petitioner seeks bail who is in custody since
12.02.2026 in Galgalia P.S. Case No. 13 of 2026, F.I.R. dated
11.02.2026 for the offences punishable under Sections 8(c),
21(b), 25, 29 of the Narcotic Drugs & Psychotropic Substance
Act, 1985.
3. Recovery is of 105 gram of Morphine.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
Patna High Court CR. MISC. No.31280 of 2026(2) dt.12-05-2026
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recovered from the conscious possession of the petitioner rather
recovery has been made from the possession of co-accused
persons, namely, Md. Kalam and Shahid Afridi and this
petitioner has been made accused merely on the ground that he
was apprehended along with the co-accused persons. He next
submits that the said Md. Kalam has been granted the privilege
of bail by a co-ordinate Bench of this Court vide order dated
17.04.2026 in Cr. Misc. No. 25602 of 2026. He further submits
that there is non-compliance of the mandatory provision of
Sections 42 and 50 of the N.D.P.S. Act and it appears that 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 the
police after investigation submitted the charge sheet. The
petitioner is in custody since 12.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances ,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Sessions
Judge-cum-Special Judge (N.D.P.S) Act, Kishanganj in
Patna High Court CR. MISC. No.31280 of 2026(2) dt.12-05-2026
3/3
connection with Galgalia P.S. Case No. 13 of 2026, subject to
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 absence on two consecutive dates without sufficient
reason, his 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)
Suruchi/-
U T
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