Patna High Court
Ali Azam MianversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to strict conditions, including surety bonds, verification of antecedent, and regular police station attendance.
Summary
The petitioner, Ali Azam, sought bail in a case registered under sections 8, 20(b)(ii)(b), 23(b) of the NDPS Act and section 317(5) of the Bihar Narcotic Substances (B.N.S.) Act, 2023, after being in custody since 23 February 2025 for possession of 5.3 kg of ganja and having one prior criminal antecedent. The earlier bail application was rejected on 18 June 2025. The High Court considered the length of custody, delay in trial, and the nature of the antecedent, and allowed bail on 12 February 2026. Bail was conditioned on a bond of Rs. 10,000 with two sureties who must be close relatives, verification of criminal antecedent, and mandatory weekly attendance at the police station. The order also stipulated cancellation of bail for any default in appearance.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the NDPS offences and his prior criminal antecedent
- Whether the delay in trial and period of custody justify the grant of bail
- What conditions, if any, should be imposed on the bail to ensure compliance
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(b), 23(b), 8
Subjects
- bail
- NDPS Act
- criminal antecedent
- trial delay
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5260 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- SATHI District- West Champaran
======================================================
Ali Azam Mian S/o Imteyaj Mian Resident of - Dhumtand Jasauli, P.S -
Bhangaha, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the State : Mr.Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Sathi P.S. Case
No.50 of 2025 registered for the offence punishable under
sections 8/20(b)(ii)(b), 23(b) of the N.D.P.S. Act and under
section 317(5) of the B.N.S. 2023.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 18.06.2025 passed in Cr. Misc.
No. 37943 of 2025.
4. There is recovery of 5.3 Kg. of ganja from the
petitioner. The petitioner is in custody since 23.02.2025 and has
one criminal antecedent.
5. Considering the period of custody and the fact that
there is delay in the trial, this application is allowed.
6. Let the petitioner, above named, be released on bail
Patna High Court CR. MISC. No.5260 of 2026(2) dt.12-02-2026
2/2
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge (NDPS), Bettiah, West Champaran/
concerned Court in connection with Sathi P.S. Case No. 50 of
2025, subject to the condition that both the bails should be the
close relative of the petitioner.
7. At the time of accepting bail bonds of the
petitioner, the Court below will verify the criminal antecedent of
the petitioner. If it is found that the petitioner has criminal
antecedent under NDPS Act, the Court below shall not accept
the bail bonds of the petitioner and if it is found that the
petitioner has only one criminal antecedent i.e., Bhangaha P.S.
Case No. 103 of 2024, his bail bonds shall be accepted by the
Court below.
8. The petitioner will also mark attendance in
Bhangha Police Station, District-West Champaran on every
Sunday of the month. Any default in appearance at the Police
Station would result in cancellation of bail bonds of the
petitioner.
(Sandeep Kumar, J)
P. Kumar
U T
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