Patna High Court
Md. Jasim @ Jasim SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as the quantity seized was below commercial quantity and the statutory conditions for denial of bail under the NDPS Act were not satisfied.
Summary
The petitioners, Md. Jasim Sah and Md. Nabab, were arrested after a police raid on 30 August 2025 that recovered about 10 grams of cannabis resin and related items from the house of the first petitioner. They applied for bail in a case registered under Sections 8(c) and 21(b) of the NDPS Act. The petitioners argued that they had no conscious possession of the contraband, the quantity was below commercial quantity, and therefore Section 37 of the NDPS Act was inapplicable; they also pointed out the lack of compliance with Sections 42 and 50 and cited that a co‑accused had been granted bail. The State opposed the bail. Considering the low quantity, the short period of custody and the absence of incriminating material in conscious possession, the Court inclined to grant bail, subject to conditions. The Court ordered both petitioners to be released on bail upon furnishing bonds of Rs.15,000 with two sureties each and imposed standard bail conditions.
Issues considered
- Whether bail can be granted when the seized quantity is below commercial quantity under the NDPS Act
- Whether Section 37 of the NDPS Act applies to the present facts
- Whether non‑compliance with Sections 42 and 50 of the NDPS Act precludes bail
- Whether a prior criminal antecedent of a petitioner affects the grant of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- drug offence
- commercial quantity
- Section 37
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78320 of 2025
Arising Out of PS. Case No.-161 Year-2025 Thana- R S P.S. District- Araria
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1. Md. Jasim @ Jasim Sah S/O Naim Sah R/O Vill.- Rajokhar, Ward no. 12,
P.S.- Araria R.S., Dist.- Araria.
2. Md. Nabab S/O Shaukat @ Md. Shaukat R/O Vill.- Rajokhar, Ward no. 03,
P.S.- Araria R.S., Dist.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with RS PS
Case No. 161 of 2025 instituted for the offences under Sections
8(c) & 21(b) of the NDPS Act.
3. The prosecution case, in brief, is that on 30.08.2025
at about 5:30 PM, police raided the house of petitioner No.1
Jasim Sah at Rajokhar Jatwara Tola and apprehended the
petitioners and co-accused Md. Wasim. It is alleged that about
10 grams of smack, a digital scale, aluminium wrappers, two
mobile phones, Rs. 6,784/- cash, and a Paytm QR code in Jasim
Sah’s (petitioner) name were recovered.
Patna High Court CR. MISC. No.78320 of 2025(3) dt.06-02-2026
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4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. Learned counsel for
the petitioners further submits that petitioners have no concern
with the recovered contraband. The recovered contraband is
below the commercial quantity. Hence, Section 37 of the
N.D.P.S. Act is not applicable in the present case. Learned
counsel for the petitioners further submits that other co-accused
Md. Wasim @ Wasim has been granted bail by this Bench vide
order dated 10.11.2025 passed in Cr. Misc. No. 75449 of 2025.
The petitioners are in custody since 31.08.2025. The petitioner
No.1 has no criminal antecedent, whereas petitioner no.2 has
one criminal antecedent. There is no compliance of Sections 42
and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, recovery below commercial quantity and the period
of custody undergone by the petitioners, this Court is inclined to
grant bail to the petitioners.
7. Let the petitioner No.1 Md. Jasim @ Jasim Sah, be
Patna High Court CR. MISC. No.78320 of 2025(3) dt.06-02-2026
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released on bail, after framing of charge, if not already
framed, and petitioner no.2 Md. Nabab, be released on bail, on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with RS PS Case
No. 161 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioners’ own or
close member.
(II) The petitioners shall appear on each and every
date fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioners shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
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