Patna High Court
Md. NasarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Md. Nasar, was arrested in connection with a case registered under sections 8 and 20(c)(ii)(B) of the NDPS Act after 1.01 kg of ganja was recovered from his possession, while two co‑accused escaped. He applied for regular bail, claiming he had no prior criminal record and that the quantity seized, though above the ‘small quantity’, was far below a commercial amount. The prosecution opposed bail, citing the nature of the offence. The High Court considered the facts, the duration of custody since 9 October 2025, the absence of antecedents, and the fact that a charge‑sheet had already been filed. Finding that the circumstances did not warrant continued detention, the Court ordered that bail be granted on a bond of Rs 10,000 with two sureties. The order was directed to the Sessions Judge‑cum‑Special Judge, NDPS Act, Araria.
Issues considered
- Whether regular bail can be granted under sections 8 and 20(c)(ii)(B) of the NDPS Act in a case involving 1.01 kg of ganja
- Whether the quantity seized and the petitioner’s lack of antecedent justify denial of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(c)(ii)(B), 8
Subjects
- regular bail
- NDPS Act
- narcotic drugs
- quantity of ganja
- criminal antecedent
- bail bond
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6134 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- GHURNA District- Araria
======================================================
Md. Nasar Son of Md. Afroz @ Md. Afroj Resident of Village - Pathraha,
Ward No. 14, Police Station - Ghurna, District Araria, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Ravish, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ghurna P.S. Case no.72
of 2025 registered under sections 8 and 20(c)(ii)(B) of the
N.D.P.S. Act.
3. As per the prosecution case, 1.01 kgs of ganja was
recovered from the possession of the petitioner while the other
two co-accused managed to escape.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who has been falsely implicated in the case. It is
submitted that the petitioner has no criminal antecedent and is in
custody since 9.10.2025. Chargesheet has been submitted in the
case.
Patna High Court CR. MISC. No.6134 of 2026(2) dt.04-02-2026
2/2
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, though the
alleged recovery of ganja is more than the small quantity,
however, much below the commercial quantity together with the
petitioner having remained in custody since 9.10.2025,
chargesheet having been submitted in the case and specially the
petitioner not having any antecedent under the N.D.P.S. Act, the
Court directs the petitioner to be enlarged on bail in connection
with Ghurna P.S. Case no.72 of 2025 on furnishing bail bond of
Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Sessions Judge-
cum-Special Judge, NDPS Act, Araria.
(Partha Sarthy, J)
Saurabh/-
U T
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