Patna High Court
AslamversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied because the seized quantity was deemed close to commercial quantity and the other statutory requirements were not satisfied.
Summary
The petitioner, Aslam, was charged under Sections 8(c) and 21(b) of the NDPS Act for possession of 204.73 grams of brown sugar, an amount the court considered close to commercial quantity. The petitioner argued that the seized quantity was below commercial threshold, that there was no independent witness to the seizure, and that Section 50 of the NDPS Act had not been complied with; he also highlighted his lack of prior criminal record and his custody since 11‑11‑2025. The State contended that the quantity was near commercial levels, a charge‑sheet had been filed, and the forensic laboratory report confirmed the substance as narcotic. After weighing these factors, the court declined to grant bail, noting the proximity to commercial quantity and the duration of custody. The court, however, allowed the petitioner to re‑apply for bail if the investigation does not progress within a reasonable time.
Issues considered
- Whether bail can be granted when the seized narcotic quantity is close to commercial quantity under the NDPS Act.
- Whether non‑compliance with Section 50 of the NDPS Act and lack of an independent witness to the seizure affect the grant of bail.
- Whether the length of pre‑trial custody influences the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 50, 8(c)
Subjects
- NDPS Act
- bail
- commercial quantity
- Section 50
- narcotics
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3391 of 2026
Arising Out of PS. Case No.-54 Year-2025 Thana- KISHANGAANJ RAIL P.S. District-
Katihar
======================================================
Aslam S/O Farid Bux R/O Khagra, PS - Kishanganj, Distt- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 8(c) and 21(b) of the
NDPS Act.
3. As per the prosecution case, it is alleged that
204.73 grams of brown sugar has been recovered from the
possession of the petitioner.
4. Learned counsel for the petitioner submits that
the recovery of contraband made from the petitioner is less
than commercial quantity and there is no independent witness
to the seizure list and the provisions of Section 50 of the NDPS
Act have not been complied with. The petitioner is in custody
since 11.11.2025 with no criminal antecedent.
Patna High Court CR. MISC. No.3391 of 2026(3) dt.25-02-2026
2/2
5. Learned APP for the State opposed the prayer
for grant of bail on the ground that the recovery from the
petitioner is very near to commercial quantity which is 204.73
gram of brown sugar and only charge-sheet has been submitted
as of now and further, the FSL report also confirms the
narcotic.
6. Taking into consideration the facts and
circumstances and considering the fact that the recovery of
contraband is close to commercial quantity and the petitioner is
in custody since 11.11.2025, this Court is not inclined to grant
the privilege of bail to the petitioner at this stage. Accordingly,
the prayer for bail of the petitioner is hereby rejected in
connection with Kishanganj Rail P.S. Case No.54 of 2025.
7. However, if substantial progress is not made in
the case within reasonable frame of time, the petitioner may
renew his prayer for bail.
(Soni Shrivastava, J)
anand/-
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