Patna High Court
Md Jalal @ Jalal @ JalaluddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted as the quantity of narcotic was small and the petitioner had no criminal antecedent.
Summary
The petitioner, Md Jalal, was arrested for possession of 9.43 grams of smack under Sections 8(c) and 21(b) of the NDPS Act. He filed an application for regular bail, claiming innocence and a clean antecedent, having been in custody since 29‑04‑2026. The State opposed the bail on the ground of the alleged offence. The High Court, noting the small quantity of narcotic involved, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with conditions of regular attendance at the police station and verification of antecedents. The order was made subject to Section 482(2) of the Criminal Procedure Code and expressly stated that the observations were prima facie and would not affect the trial.
Issues considered
- Whether bail should be granted in a case of possession of 9.43 gm of narcotic under the NDPS Act.
- Whether the small quantity of the seized narcotic justifies the grant of bail.
- Whether the petitioner’s clean antecedent warrants bail despite the charges.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- possession
- small quantity
- Criminal Procedure Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40527 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- ABADPUR District- Katihar
======================================================
Md Jalal @ Jalal @ Jalaluddin Son of Latifur Rahman Resident of Hat
Balrampur, P.S.- Abadpur, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Adv.
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present application has been filed seeking
regular bail in connection with Abadpur P.S. Case No. 54 of
2026, registered for the offences punishable under Sections 8(c)
& 21(b) of the N.D.P.S. Act.
3. As per the prosecution case, there is recovery of
9.43 gm of smack from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has committed no offence. The
petitioner is in custody since 29.04.2026 and bears clean
antecedent.
5. Learned A.P.P. for the State opposed the prayer for
bail.
Patna High Court CR. MISC. No.40527 of 2026(2) dt.23-06-2026
2/3
6. Considering the small quantity of narcotics
substance, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Abadpur P.S. Case
No. 54 of 2026, subject to the conditions as laid down under
Section 482(2) of the B.N.S. with further following conditions
that:-
(i) The petitioner shall mark
his attendance at Abadpur Police
Station on every Sunday of each
month. In the event of default, the bail
bonds shall be liable to be cancelled.
(ii) At the time of
acceptance of bail bonds, the court
below shall verify the antecedents of
the petitioner. The bail bonds shall be
accepted only upon confirmation that
the petitioner has no criminal
antecedent. However, such verification
shall not be used as a ground to
unnecessarily delay acceptance of the
bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.40527 of 2026(2) dt.23-06-2026
3/3
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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