Patna High Court
Abbas AliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Abbas Ali, applied for bail in a case registered under Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging that he was falsely implicated in the recovery of 5.78 kg of ganja from his bike and 2.5 kg from another bike. The prosecution contended that the seized narcotics were recovered from the petitioner’s vehicle. The petitioner argued that no contraband was found in his possession, the seizure did not comply with Section 105 of the Bihar Narcotic Substances (Suppression) Act, and that the quantity, though more than a small amount, was far below commercial quantity; he also highlighted his clean record and that he had been in judicial custody since 08‑02‑2026. The State opposed the bail. After hearing both sides, the court found merit in the petitioner’s arguments and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Special Judge, NDPS Act, West Champaran.
Issues considered
- Whether bail can be granted to the accused under Sections 8 and 20(b)(ii)(B) of the NDPS Act.
- Whether the seizure complied with Section 105 of the Bihar Narcotic Substances (Suppression) Act.
- Whether the quantity of narcotics seized warrants denial of bail.
- Whether the petitioner’s lack of prior criminal antecedents and custodial duration affect bail eligibility.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- drug seizure
- Section 105 compliance
- quantity of narcotics
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40167 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- BHITAHA District- West Champaran
======================================================
Abbas Ali S/o Naushad Mian R/o Village- Rupahi dih, P.S- Bhitaha, Dist-
West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate.
Mr. Sharad Kumar Verma, Advocate.
Ms. Harsha Shashwat, Advocate.
For the Opposite Party/s : Mr. Md. Ataur Rahman, 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 bail in connection with
Bhitaha P.S. Case No. 26 of 2026 registered for the offence
punishable under Sections 8/20 (b) (ii) (B) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from a
bike, which was being driven by the petitioner, there were
altogether 3 persons on two bikes, and from the bike that was
being driven by this petitioner, altogether 5.780 kg of ganja was
recovered, and from the other bike, 2.5 kg of ganja was
recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.40167 of 2026(2) dt.23-06-2026
2/2
offence. He has been falsely implicated in this case. He also
submits that nothing has been recovered from the possession of
the petitioner. The witnesses of the seizure list are police
personnel and the police has not complied with Section 105 of the
BNSS while making the seizure. He further submits that the
alleged recovery of contraband is though more than small quantity
but is much less than commercial quantity. Moreover, a statement
has been made in para 3 of the petition that petitioner has no
criminal antecedent and he is languishing in judicial custody since
08.02.2026.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge, NDPS Act, West Champaran, Bettiah in connection
with Bhitaha P.S. Case No. 26 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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