Patna High Court
Abbas AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted subject to a bond of Rs.10,000 and conditions imposed by the Court.
Summary
Abbas Ali was arrested in a case under Sections 8(c) and 21(b) of the NDPS Act after a raid recovered 52.6 grams of brown sugar from his vehicle. The petitioner contended that the seizure was false, the quantity was far below commercial levels, and the search was conducted without independent witnesses, violating mandatory provisions of the NDPS Act. The State opposed bail, citing the petitioner’s two prior criminal antecedents, one of which also involved the NDPS Act, although he was on bail in those matters. The Court examined the small quantity seized, the procedural irregularities, and the petitioner’s existing bail status in other NDPS cases. Balancing the liberty interest against the risk of flight, the Court held that the procedural lapses were not fatal and the quantity did not justify denial of bail. Consequently, bail was granted on a bond of Rs.10,000 with two sureties and specific conditions regarding court attendance and future NDPS charges.
Issues considered
- Whether the seizure of 52.6 grams of narcotic substance warrants denial of bail under the NDPS Act.
- Whether the alleged procedural irregularities in the search and seizure justify refusal of bail.
- Whether the petitioner’s prior criminal antecedents, including a previous NDPS case, preclude the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
Subjects
- NDPS Act
- bail
- narcotics
- search and seizure
- procedural lapse
- prior convictions
- small quantity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78518 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- KODHOBARI District- Kishanganj
======================================================
Abbas Ali S/o Abdul Salam R/o Village - Laxmipur Naya Hat, Ward no. 1, P.S
- Kodhobari, District -Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
: Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 27-02-2026 Heard learned Senior counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 8(c), 21(b) of the
N.D.P.S. Act.
3. As per the prosecution case, on secret
information, the informant along with joint team conducted
raid at the house of the petitioner and during search, 52.6 grams
of brown sugar was recovered from vehicle of the petitioner.
4. Learned Senior counsel for the petitioner
submits that a false recovery of 52.6 gram of brown sugar has
been shown from the vehicle of which the petitioner is the
owner. However, the recovery is more than small quantity but
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much less than commercial quantity. It is also submitted that
the process of search and seizure was not conducted in the
presence of any independent witnesses and the mandatory
provisions of the N.D.P.S. Act was also not complied. The
petitioner is in custody since 19.06.2025 and charges have been
framed on 22.01.2026.
5. Learned APP for the State opposed the grant of
bail on the ground that the present case relates to N.D.P.S. Act
and the petitioner has two criminal antecedents and one of
them is also under the N.D.P.S. Act. In response it has been
submitted that the case under N.D.P.S. Act is of the year 2017
and the petitioner is on bail in both the cases.
6. Taking into consideration the facts and
circumstances and also considering the quantum of recovery
and the charges having been framed, let the above named
petitioner, be released on bail 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, Kishanganj/concerned Court
below in connection with Kodhobari P.S. Case No. 51 of 2025
subject to condition that:-
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister and/or his
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wife.
(ii) The petitioner shall remain physically
present in court on each and every date during trial and in the
event of failure on two consecutive dates without sufficient
reasons, his bail bonds shall be liable to be cancelled by the
learned court concerned.
(iii) In case the petitioner is accused in any
other case under the provisions of NDPS Act, the learned
Court concerned shall be at liberty to cancel the bail bond of
the petitioner in the present case also.
(Soni Shrivastava, J)
anand/-
U T
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