Patna High Court
Konen Ansari @ Md. Konen AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
Konen Ansari was arrested on 19 January 2026 in connection with a case registered under Sections 8(c) and 21(b) of the NDPS Act for alleged possession of 17.49 grams of smack. The petitioner claimed a clean antecedent and asserted that he was falsely implicated. The court noted the intermediate quantity of the narcotic and the absence of any prior criminal record. Considering these factors, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount. The bail was conditioned on the petitioner’s monthly attendance at Bela Police Station every Sunday and verification of his antecedent before the bond is accepted.
Issues considered
- Whether bail should be granted to an accused under Sections 8(c) and 21(b) of the NDPS Act for possession of an intermediate quantity of narcotic when the accused has a clean antecedent.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- possession
- clean antecedent
- intermediate quantity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39809 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- BELA District- Sitamarhi
======================================================
Konen Ansari @ Md. Konen Ansari Son of Mustafa Ansari Resident of
village- Machhpakauni, Ward no. 10, P.S.- Bela, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Fazle Karim
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Bela P.S. Case No. 15 of 2026 registered for the offence under
Sections 8(c)/21(b) of the NDPS Act.
3. As per the prosecution case, the recovery is of
17.49 grams of Smack.
4. The petitioner is in custody since 19.01.2026 and
he claims to have clean antecedent.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case.
6. Considering the recovery of intermediate
quantity of Smack and the fact that the petitioner has no
Patna High Court CR. MISC. No.39809 of 2026(2) dt.23-06-2026
2/2
criminal antecedent, this application is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Bela P.S.
Case No. 15 of 2026.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at Bela
Police Station on every Sunday of each month. Any default in
appearance at the police station will result in cancellation of bail
bonds of the petitioner.
9. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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