Patna High Court
Shahbaz Ahmad @ Shahbaz Ansari @ Danish AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioner in the NDPS case.
Summary
Shahbaz Ahmad, also known as Shahbaz Ansari and Danish Ansari, applied for bail in an NDPS case where the prosecution alleged that a pistol and 260 grams of charas were recovered from his possession. The petitioner contended that nothing was seized from him, that the seizure did not comply with Section 105 of the Bihar Narcotic Substances Act, and that the quantity of charas was far below commercial levels. He also highlighted that he had been in judicial custody since 26 September 2025 and had only one prior criminal case. The State opposed bail, emphasizing the alleged possession of arms and narcotics and the petitioner’s antecedent. After considering the procedural irregularities in the seizure, the small quantity of narcotics, and the limited criminal history, the court decided to grant bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite alleged possession of a firearm and 260 g of charas.
- Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances Act.
- Whether the quantity of charas constitutes a commercial amount warranting denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Bihar Narcotic Substances Act — s. 105, 317(3)
- NDPS Act — s. 20(b)(II)(B)
Subjects
- bail
- NDPS Act
- Arms Act
- seizure procedure
- quantity of narcotics
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41179 of 2026
Arising Out of PS. Case No.-369 Year-2025 Thana- HUSSAINGANJ District- Siwan
======================================================
Shahbaz Ahmad @ Shahbaz Ansari @ Danish Ansari Son of Rahmatullah
Ahmad @ Rahmatullah Ansari Resident of Village - Benusar Buzurg @
Bindusar Buzurg, P.S.- Mahadewa, District – Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Mokhtar Ansari, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with NDPS Case No.15 of 2026 arising out of Hussainganj P.S.
Case No.369 of 2025 registered for the offence punishable
under Sections 25(1-b)(a), 26 & 35 of the Arms Act, under
Section 20(b)(II)(B) of the NDPS Act and under Section 317(3)
of the BNS.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, one country made pistol and
260 gm of charas like contraband was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. It has further been submitted
Patna High Court CR. MISC. No.41179 of 2026(2) dt.29-06-2026
2/2
that the witnesses of the seizure list are police personnel and
police have not complied Section 105 of the BNSS while
making seizure. It has further been submitted that as far as
recovered of alleged charas is concerned, the same is though
more than small quantity but is much less than commercial
quantity. It has been submitted that the petitioner is in judicial
custody since 26.09.2025.
5. The application for bail is opposed by learned APP
for the State. It has been submitted that the petitioner is having
criminal antecedent of one case.
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 court of learned
District and Additional Sessions Judge-I-cum-Special Judge,
Siwan in connection with NDPS Case No.15 of 2026 arising
out of Hussainganj P.S. Case No.369 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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