Patna High Court
Shakil Ahmad @ Shakil Ahamad @ ShakilversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered that the petitioner be released on bail upon furnishing the prescribed bond and sureties.
Summary
Shakil Ahmad was arrested in Kishanganj on charges under Sections 8(c), 21(b) and 29 of the NDPS Act after police claimed that 208 grams of brown sugar was recovered from a scooty he was riding with another person. The petitioner contended that no contraband was found on his person, that the police failed to comply with Section 105 of the BNSS while making the seizure, and that the quantity seized was far below a commercial amount. He also asserted that he has no prior criminal record and has been in judicial custody since 7 May 2026. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Sessions Judge.
Issues considered
- Whether bail should be granted to a person accused under Sections 8(c), 21(b) and 29 of the NDPS Act for possession of 208 grams of narcotic substance.
- Whether the seizure complied with the procedural requirements of Section 105 of the BNSS.
- Whether the quantity seized constitutes a commercial quantity warranting denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- seizure procedure
- Section 105
- commercial quantity
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43499 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- GALGALIYA District- Kishanganj
======================================================
Shakil Ahmad @ Shakil Ahamad @ Shakil son of Late Tamijuddin Resident
of village- Kauwabhitta, Po- Nainagachhi, Ps- Kurlikot, Dist- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate.
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail registered for the
offence punishable under Sections 8(c), 21(b) and 29 of the
N.D.P.S. Act.
3. The case of the prosecution, in short, is that the
petitioner, along with one Md. Razzaque, was riding on a scooty
from which a total of 208 grams of brown sugar was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no 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
Patna High Court CR. MISC. No.43499 of 2026(2) dt.08-07-2026
2/2
105 of the BNSS while making the seizure. He further submits
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 07.05.2026.
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
Sessions Judge (NDPS Act), Kishanganj in connection with
Galgalia P.S. Case No. 47 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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