ALI HASSAN @ ALI HASANversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32433 of 2026
                          Arising Out of PS. Case No.-98 Year-2026 Thana- BAISI District- Purnia
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                 Ali Hassan @ Ali Hasan Son of Md. Taiyab @ Md. Tayb Resident of Village -
                 Budhiya Gola, Salim Tola Ward No. 16, P.S.- Sarsi, Dist.- Purnea, Bihar

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. N.K. Agrawal, Sr. Advocate.
                                                   Mr. Pushpendra Kumar Singh, Advocate.
                                                   Mrs. Divya Bharti, Advocate.
                 For the Opposite Party/s :        Mr. Lalan Kumar, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   06-07-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail registered for the

                   offence punishable under Sections 8(c) and 21(c) of the N.D.P.S.

                   Act.

                                 3. The case of the prosecution, in short, is that the

                   police were engaged in vehicle checking when one person

                   attempted to flee from a tempo, he was apprehended and was

                   identified as the petitioner. It is further alleged that from the

                   jacket of this petitioner, altogether 307.05 grams of brown

                   sugar, kept in two plastic packets, was recovered from his

                   possession.

                                 4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.32433 of 2026(3) dt.06-07-2026
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          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He further submits that from perusal of the FIR itself, it is

          clear that the alleged contraband was weighed along with the

          plastic bag and that the weight of the contraband alone was not

          ascertained by the police. Learned counsel further submits that

          the mandatory provisions of Section 50 of the NDPS Act have

          not been complied with. Even the FIR contains no specific

          averment regarding compliance with the requirements of

          Section 50 of the NDPS Act. He further submits that the

          witnesses to the seizure list are police personnel and that the

          police have also failed to comply with the mandatory

          requirements of Section 105 of the BNSS while making the

          seizure. Moreover, a statement has been made in para 3 of the

          petition that petitioner has no criminal antecedent and he is

          languishing in judicial custody since 11.03.2026.

                       5. The application for bail is opposed by learned APP

          for the State.

                       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
           Patna High Court CR. MISC. No.32433 of 2026(3) dt.06-07-2026
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                     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 (N.D.P.S. Act), Purnea in connection with Baisi P.S. Case

                     No. 98 of 2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T