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Patna High Court

Anwarul HaqueversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to both petitioners subject to the conditions imposed by the court.

Summary

The petitioners, Anwarul Haque and Shahnawaz Hussain, were arrested in connection with a case where 101.5 grams of brown sugar was seized from the first petitioner. The seizure was alleged to be irregular because no independent witness was listed, violating mandatory provisions of the NDPS Act. Both petitioners have no prior criminal record and have been in custody since July 2025, while charges were framed in May 2025 and the prosecution has not produced any witnesses. The State opposed bail, but the court noted the intermediate quantity, the procedural lapses in the seizure, and the petitioners’ clean antecedents. Consequently, the court ordered bail for each petitioner on a bond of Rs.10,000 with two sureties, subject to conditions regarding surety, physical presence in court, and verification of criminal antecedent within two weeks.

Issues considered

  • Whether bail should be granted in an NDPS case involving an intermediate quantity of narcotic drug.
  • Whether the violation of mandatory search‑and‑seizure provisions under the NDPS Act warrants the grant of bail.
  • Whether the petitioners’ lack of prior criminal record and the absence of prosecution witnesses affect the bail decision.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • intermediate quantity
  • search and seizure violation
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68337 of 2025
                   Arising Out of PS. Case No.-387 Year-2025 Thana- KISHANGANJ District- Kishanganj
                 ======================================================
           1.     Anwarul Haque S/O Md Asiruddin R/O Vill.- Bhatgaon, P.S.-Islampur,
                  District- Uttar Dinajpur (W.B.)
           2.    Shahnawaz Husssain @ Sahanawaj Houssain S/O Basiruddin R/O Vill.-
                 Bahartalla, P.S.-Islampur, District- Uttar Dinajpur (W.B.)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. N.K. Agrawal, Sr. Adv.
                                                  Mr.Ram Prawesh Kumar, Adv.
                 For the Opposite Party/s :       Mr.Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   23-02-2026                          Heard Mr. N.K. Agrawal, learned Senior counsel

                    for the petitioners and learned APP for the State.

                                   2. A prayer for bail has been made on behalf of the

                    petitioners in connection with Kishanganj P.S. Case no.387 of

                    2025 registered under sections 8C, 21B and 29 of NDPS Act.

                                 3. There is a recovery of 101.5 grams of brown sugar

                    along with some incriminating articles.

                                 4. Learned Senior counsel for the petitioners submits

                    that a recovery of 101.5 grams of brown sugar has been shown

                    from the possession of the petitioner no.1, which is an

                    intermediate quantity and much less than commercial quantity.

                    Further, no recovery has been shown from petitioner no.2. It
Patna High Court CR. MISC. No.68337 of 2025(6) dt.23-02-2026
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          has further been submitted that there is non-compliance of

          mandatory provisions of NDPS as there is no independent

          witness to the seizure list. The petitioners have no criminal

          antecedent and are in custody since 17.07.2025. They undertake

          to cooperate in the case/trial. Charges have been framed on

          05.05.2025, however, no witness has been produced on behalf

          of prosecution.

                       5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Taking into consideration the aforesaid facts and

          circumstances of the case and also considering the fact that

          mandatory provisions of search and seizure has been violated

          and charges have already been framed, the petitioners, having

          no criminal antecedent, are directed to be enlarged on bail in

          connection with Kishanganj P.S. Case no.387 of 2025 on each

          of them furnishing bail bond of                 Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned where the case is

          pending/successor Court, subject to the following conditions:-

                       (I) One of the bailors of the petitioners shall be the

          family member/close relative of the petitioners.

                       (II) The petitioners shall remain physically present in
              Patna High Court CR. MISC. No.68337 of 2025(6) dt.23-02-2026
                                                          3/3




                        the learned trial Court on each date and shall cooperate in the

                        trial. In case the petitioners are absent on the two consecutive

                        dates without sufficient reasons, the learned trial Court would

                        be at liberty to cancel the bail bonds of the petitioners.

                                     (III) The criminal antecedent of the petitioner shall be

                        verified before accepting bail bonds which would be

                        undertaken expeditiously, preferably within a period of two

                        weeks of receipt of this order.



                                                  (Soni Shrivastava, J)
Harsh/-

U         T


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