Patna High Court
Aslam AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted regular bail to the petitioner, holding that the intermediate quantity does not attract the Section 37 bar.
Summary
The petitioner, Aslam Alam, was arrested in connection with an NDPS case where 53.88 grams of cannabis (smack) was seized and he was charged under Sections 8(c), 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He applied for regular bail, claiming innocence, no prior record and that the quantity involved is intermediate, thus not attracting the bar under Section 37 of the Act. The State opposed the bail. The Court considered the quantity, the period of custody since 17‑02‑2026, and the absence of a prior record, and concluded that bail could be granted. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Sessions Court. The Court clarified that its observations were prima facie and not to be taken as a determination on the merits of the case.
Issues considered
- Whether bail can be granted in an NDPS case involving an intermediate quantity of narcotic substance.
- Whether Section 37 of the NDPS Act, which bars bail for certain quantities, is applicable in the present case.
- Whether the petitioner’s lack of prior record and the circumstances justify regular bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 37, 8(c)
Subjects
- bail
- NDPS Act
- intermediate quantity
- Section 37
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34903 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- NAKARDEI District- East Champaran
======================================================
Aslam Alam S/o Sahebjan Miya R/o Village - Karmaula, P.O. - Barwa, P.S. -
Lakhaura, Dist. - East Champaran, Bihar - 845302.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohd Rustam Hussain, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
N.D.P.S. G.R. Case No. 38 of 2026, arising out of Nakardei P.S.
Case No. 19 of 2026, registered under Sections 8(c), 21(b) and
29 of the N.D.P.S. Act, 1985.
3. As per prosecution case, 53.88 gram of smack was
recovered from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner has no antecedent of similar cases
and he is in custody since 17.02.2026. In view of the fact that
the matter is intermediate quantity no bar under section 37
would be applicable in present case.
Patna High Court CR. MISC. No.34903 of 2026(2) dt.20-05-2026
2/2
5. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
6. Considering the quantity and period of custody, this
application is allowed.
7. Accordingly, let the petitioner above named, be
released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned court of Sessions
Judge, Special Judge, East Champaran at Motihari/concerned
court below in connection with N.D.P.S. G.R. Case No. 38 of
2026, arising out of Nakardei P.S. Case No. 19 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-
U T
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