Patna High Court
Anwarul HaqueversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21B, 29, 8C
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
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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
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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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