Patna High Court
Naushad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Naushad Alam, was arrested in a raid that recovered cannabis, firearms and ammunition, leading to charges under Sections 399 and 402 of the IPC, Sections 25(1‑B)A, 26 and 35 of the Arms Act, and Sections 8, 20 and 22 of the NDPS Act. The petitioner claimed innocence, arguing that the seized quantity was small, that co‑accused with similar circumstances had already been granted bail, and that he had been in custody since May 2020 with a charge‑sheet filed. The State opposed bail, emphasizing the petitioner’s nine prior serious cases and the recovery of narcotics and weapons from him. The court considered the length of custody, the precedent of bail to co‑accused, and the filing of the charge‑sheet. It ordered the petitioner’s release on bail upon furnishing a Rs.10,000 bond with two sureties and compliance with conditions under Section 480(3) of the BNSS. The bail was conditioned on a close relative as one surety, regular court appearances, and cancellation upon non‑compliance.
Issues considered
- Whether bail should be granted to the petitioner despite his criminal antecedents and the nature of the seized narcotics and arms
- Whether the quantity of cannabis recovered warrants denial of bail
- Whether the grant of bail to co‑accused in similar circumstances influences the petitioner’s bail application
- Whether the filing of the charge‑sheet and period of custody affect the bail decision
Legislation cited
- Arms Act — s. 25(1-B)A, 26, 35
- Indian Penal Code — s. 399, 402
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22, 8
Subjects
- bail
- NDPS Act
- Arms Act
- cannabis
- criminal antecedent
- Section 480(3) BNSS
- Indian Penal Code
- court appearance conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3500 of 2026
Arising Out of PS. Case No.-93 Year-2020 Thana- BARURAJ District- Muzaffarpur
======================================================
Naushad Alam S/o- Md. Hasim R/v- Kolhara Nath Ps- Madhuban Dist- East
Champaran, Motihari, P/A- Ashok Chowk Ps- Sahebganj Dist- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rohit Raj, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with NDPS Case No. 42 of 2020 arising out of
Baruraj P.S. Case No. 93 of 2020 registered for the alleged
offences under Sections 399/402 of the Indian Penal Code and
Sections 25(1-B)A, 26 and 35 of the Arms Act and Sections 8,
20 and 22 of the Narcotic Drugs and Psychotropic Substances
Act.
03. As per prosecution case, an information was
received about assembly of four miscreants at certain identified
place who were talking about selling cannabis. A raid was
conducted and petitioner and other two co-accused persons were
apprehended. Fourth miscreant fled away on his motorcycle.
Patna High Court CR. MISC. No.3500 of 2026(2) dt.28-01-2026
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From the search of the petitioner, recovery of one packet of
cannabis, two mobile phones and a country made revolver
loaded with a live cartridge was made. From the co-accused,
Anand Kumar @ Gajju, one packet of cannabis was recovered
apart from a mobile phone and a country made pistol loaded
with two live cartridges and from the co-accused, Naveen
Kumar, one live cartridge was recovered. At the instance of
petitioner and co-accused Anand Kumar @ Gajju, fourth
miscreant, Prabhat Kumar, was also apprehended carrying a
country made pistol.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner has been dragged in this case due to his
criminal antecedent as he carries antecedent of nine cases.
Learned counsel further submits that a composite seizure list has
been prepared for recovery shown from the petitioner and co-
accused Anand Kumar @ Gajju and Naveen Kumar and total
recovery of 500 grams of cannabis has been shown, which is
much less than the commercial quantity and more than the small
quantity. Learned counsel further submits that similarly placed
co-accused persons, namely Anand Kumar @ Gajju, has been
granted bail by a Co-ordinate Bench vide order dated
Patna High Court CR. MISC. No.3500 of 2026(2) dt.28-01-2026
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24.07.2021 passed in Criminal Misc. No. 108 of 2021 and
subsequently apprehended co-accused Prabhat Kumar and co-
accused Naveen Kumar have also been granted bail by the same
Co-ordinate Bench vide order dated 08.03.2021 passed in
Criminal Misc. No. 39091 of 2020 and order dated 30.07.2021
passed in Criminal Misc. No. 6277 of 2021, respectively.
Learned counsel further submits that the petitioner has been
sufficiently penalized and he is in custody since 31.05.2020.
Charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that
recovery of cannabis has been made from this petitioner who is
having antecedent of nine cases of serious nature.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner along with submission of
charge-sheet and grant of bail to similarly placed co-accused,
the petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge-II, NDPS Act, Muzaffarpur/court
concerned in connection with NDPS Case No. 42 of 2020
Patna High Court CR. MISC. No.3500 of 2026(2) dt.28-01-2026
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arising out of Baruraj P.S. Case No. 93 of 2020, subject to the
conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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