Patna High Court
MD. SALAMversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Md. Salam was arrested in connection with a case under Sections 20 and 21(b) of the NDPS Act after police claimed to have recovered 19.16 grams of contraband from his possession. The petitioner contended that he was innocent, that no contraband was actually seized from him, and that the seizure violated Section 105 of the Bihar Narcotic Substances Act. He also highlighted his lack of any criminal antecedent and that he had been in judicial custody since 13 April 2026. The State opposed the bail application. After hearing both sides, the Patna High Court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Sessions Judge‑cum‑Special Judge (NDPS Act).
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for possession of 19.16 grams of contraband.
- Whether the seizure complied with Section 105 of the Bihar Narcotic Substances Act.
- Whether the petitioner’s lack of criminal antecedent and period of custody justify granting bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 21(b)
Subjects
- bail
- NDPS Act
- possession
- seizure
- Section 105
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39122 of 2026
Arising Out of PS. Case No.-236 Year-2026 Thana- BAHADURGANJ District- Kishanganj
======================================================
Md. Salam S/O Late Md. Latif Resident Of Fulbari, Ward No. 12, Ps-
Bahadurganj, Distt- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr.Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 20 and
21(b) of the N.D.P.S. Act.
3. The case of the prosecution, in short is that from
the possession of the petitioner, altogether 19.16 grams of
smack like contraband was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Learned counsel for the
petitioner has submitted that nothing has been recovered from the
possession of this petitioner. It has further been submitted that
the witnesses of the seizure list are police personnel. Police has
Patna High Court CR. MISC. No.39122 of 2026(2) dt.23-06-2026
2/2
not complied Section 105 of the B.N.S.S. while making the
seizure. It has also been submitted that the alleged recovery of
contraband is though more than small quantity but is much less
than commercial quantity. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
13.04.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Bahadurganj P.S. Case No. 236 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Sessions Judge-cum-
Special Judge (NDPS Act), Kishanganj.
(Ashok Kumar Pandey, J)
lata/-
U T
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