Patna High Court
Md. NomanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing a bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Md. Noman, sought bail in a case where 5.86 kg of ganja and 5 g of a smokable substance were seized from him under Sections 20, 22(a) and 22(b) of the NDPS Act. He claimed innocence, alleged that the seized quantity, though more than a small amount, was far below commercial levels, and argued that the police failed to comply with Section 105 of the Bihar Narcotic Substances (Control) Act during the seizure. He also pointed to a prior decision (Cr. Misc. No. 35896 of 2025) where a similarly situated co‑accused was granted bail and highlighted his clean criminal record and prolonged pre‑trial detention since October 2025. The State opposed the bail. After hearing both sides, the court found the arguments persuasive and ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount, subject to the satisfaction of the Principal District & Sessions Judge, Katihar.
Issues considered
- What is the appropriate bail jurisprudence under the NDPS Act for a case involving possession of 5.86 kg of ganja and 5 g of a smokable substance?
- Did the police’s alleged non‑compliance with Section 105 of the Bihar Narcotic Substances (Control) Act invalidate the seizure and affect bail eligibility?
- Should the petitioner be granted bail in view of the precedent set in Cr. Misc. No. 35896 of 2025 and his lack of prior criminal record?
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 22(a), 22(b)
Subjects
- bail
- NDPS Act
- drug seizure
- procedural lapse
- quantity of narcotics
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4943 of 2026
Arising Out of PS. Case No.-136 Year-2024 Thana- BALIA BELON District- Katihar
======================================================
Md. Noman son of Late Wasiuddin @ Basiuddin Resident Of Village- Nekula
Police Station -Balia Belon District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Balia Belon P.S. Case No. 136 of 2024 registered for the offence
punishable under Sections 20, 22(a), 22(b) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that 5.86 kg
of Ganja and 5 grams of Smack like substance was recovered from
the possession of the petitioner.
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 the alleged recovery of contraband is though more
than small quantity but is much less than commercial quantity. He
also submits that the witnesses of the seizure list are police
Patna High Court CR. MISC. No.4943 of 2026(4) dt.01-04-2026
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personnel and the police has not complied with Section 105 of the
BNSS while making the seizure. He further submits that similarly
situated other co-accused has been granted bail by the learned
coordinate bench of this court vide Cr. Misc. No. 35896 of 2025.
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 16.10.2025.
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 Principal
District & Sessions Judge, Katihar in connection with N.D.P.S.
Case No. 80 of 2024 arising out of Balia Belon P.S. Case No. 136
of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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