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Patna High Court

Abbas AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.78518 of 2025(5) dt.27-02-2026
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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
              Patna High Court CR. MISC. No.78518 of 2025(5) dt.27-02-2026
                                                          3/3




                                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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