Patna High Court
Shahnawaz @ Shahnwaz Ansari @ Nanha @ Md. ShahnawazversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Shahnawaz Ansari, sought regular bail in a case under sections 8(c), 21(c) and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act where 280.35 grams of heroin (smack) was seized from a car and three persons were apprehended. The petitioner claimed he was innocent, asserting that the contraband was to be handed over to him later and that nothing was recovered from his personal possession; he alleged he was framed despite having five prior criminal cases, two of which were similar. The State opposed the bail, emphasizing the seriousness of the offence and the petitioner’s antecedents. After hearing both sides, the court considered the facts, the lack of direct recovery from the petitioner, and his claim of innocence, and decided to grant regular bail. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount to the satisfaction of the Sessions Judge cum Special Judge, NDPS Act, Araria.
Issues considered
- What is the applicability of regular bail under the NDPS Act to the petitioner given the seizure and his alleged involvement?
- Does the petitioner’s prior criminal antecedent preclude the grant of bail?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 25, 8(c)
Subjects
- regular bail
- NDPS Act
- drug seizure
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41940 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- R S P.S. District- Araria
======================================================
Shahnawaz @ Shahnwaz Ansari @ Nanha @ Md. Shahnawaz Son of Rustam
Ansari Resident of Village- Rajokhar, Ward No. 5, P.S.- R.S., District- Araria
(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Choubey, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, 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 regular bail in a case
registered for the offence punishable under sections 8(c), 21(c)
and 25 of the N.D.P.S. Act.
3. The case of the prosecution is that from a car,
altogether 280.35 grams of smack was recovered and three
persons were also apprehended.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. Learned counsel for the
petitioner has submitted that the apprehended persons have
disclosed that one person who was going on bike before them,
Patna High Court CR. MISC. No.41940 of 2026(2) dt.29-06-2026
2/2
is the petitioner to whom, they were going to hand over this
contraband and from where, they will distribute it and sell it.
Learned counsel has further submitted that nothing has been
recovered from the possession of this petitioner. Recovery, if
any, has been made from the car which was occupied by other
persons. He has been framed in this case as he is having
criminal antecedent of five cases out of which, two are of
similar nature. Moreover, he is languishing in judicial custody
since 08.05.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Araria R.S. P.S. Case No. 87 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge cum Special
Judge, NDPS Act, Araria.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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