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Patna High Court

Shakil Ahmad @ Shakil Ahamad @ ShakilversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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