Patna High Court
Md. Ekram @ AkramversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court denied bail to the petitioner.
Summary
Md. Ekram was arrested on 18 April 2026 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleged to have possessed 18.65 grams of a smokable narcotic (smack) recovered from his residence. He filed a bail petition, claiming false implication and alleging non‑compliance with mandatory provisions of the NDPS Act. The prosecution countered that the seizure complied with the Act, highlighted the quantity seized, and pointed to the petitioner’s earlier involvement in NDPS matters. The court examined the facts, the statutory requirements for bail under the NDPS Act, and the petitioner’s criminal history. Concluding that the circumstances did not justify release, the court refused the bail application.
Issues considered
- Whether bail should be granted to a person accused under Sections 8(c) and 21(b) of the NDPS Act for possession of 18.65 grams of narcotic.
- Whether the mandatory provisions of the NDPS Act, including the search under Section 50, were complied with.
- Whether the petitioner’s prior involvement in NDPS matters warrants denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 50, 8
Subjects
- bail
- NDPS Act
- narcotics possession
- search and seizure
- prior conviction
- court of sessions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40160 of 2026
Arising Out of PS. Case No.-62 Year-2026 Thana- KURSAKANTA District- Araria
======================================================
Md. Ekram @ Akram S/o Late Naushad R/o Village - Dahuabari, Ward No.
14, P.S - Kursakanta, District - Araria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
18.04.2026 in connection with Kursakanta P.S. Case No. 62 of
2026 for the offences punishable under Sections 8(c), 21(b) of
the N.D.P.S Act.
3. The case of the prosecution in brief is that on input
in course of evening patrolling, on 16.04.2026 Informant along
with the police Sleuths and the deputed Magistrate Neha
Kumari, the B.D.O, Kursakanta reached at Village-Dahuwabari
at about 07. 25 P.M. Having police vehicle and police Sleuths,
one person tried to scape from a side room but succeeded to
nab. On interrogation, he gave his details. Having given notice
U/S 50 of the N.D.P.S, Act, search of nabbed person was started
Patna High Court CR. MISC. No.40160 of 2026(2) dt.29-06-2026
2/3
in presence of Magistrate. In presence of two persons among the
family members, process of search of the nabbed person was
started according to law. One Samsung Mobile set containing SI
No. 7033684369, one electric balance, one blue colour Lunch
box containing smack paper, one bundle Silver Paper, about 500
gtms, black polythene and Rs.19526/-Indian currency and
Nepali Rs. 1080/-, a white colour polythene containing 07. 33
grams. Smack like substance and 38 pouches containing 11. 12
Grms. Smack like substance with pouches, total 18. 65 grms. of
smack were recovered from room of nabbed person. He also
said that he used to bring smack from Md. Jahid of Dahuabari
and used to sell at Kursakanta.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case. It is
next submitted that there is non-compliance of mandatory
provisions of the NDPS Act.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner and submits that altogether 18.65 grams of
smack was recovered from the house of the petitioner and there
is compliance of the mandatory provisions of the NDPS Act.
Apart from that it appears from paragraph-3 of the bail petition
Patna High Court CR. MISC. No.40160 of 2026(2) dt.29-06-2026
3/3
that petitioner earlier has also been involved in the NDPS
matter.
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Kursakanta P.S. Case No. 62 of 2026 pending
in the court of learned Court of Sessions Judge-cum-Speical
Judge N.D.P.S. Act, Araria.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.