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Patna High Court

Md. NomanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                      2/2




                    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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