Created by Fuzzy Cloud

Patna High Court

AslamversusThe State of Bihar

Decided
Disposal
REJECTED

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

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/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.