Patna High Court
Aman Aarif @ VidhayakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted bail to the petitioner subject to statutory bond and conditions.
Summary
The petitioner, Aman Aarif, was arrested on 20 February 2025 in connection with alleged offences under Sections 8(b), 21(a), 22 and 29 of the NDPS Act. His earlier bail application was rejected, and he remained in custody while a charge‑sheet was filed and charges were framed on 3 January 2026. The petitioner’s counsel argued that the quantity of narcotics seized was small and that the trial was at the evidentiary stage. The State opposed bail, but the court noted the small quantity and the fact that charges had already been framed. Accordingly, the court granted regular bail on a bond of Rs 30,000 under Section 2(1)(d) of the BNSS, 2023, subject to conditions prescribed under Section 480(3) of the BNSS and additional attendance requirements.
Issues considered
- Whether bail should be granted in an NDNDPS case where a small quantity of narcotics is involved and charges have been framed.
Legislation cited
- BNSS, 2023 — s. 2(1)(d), 480(3)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(a), 22, 29, 8(b)
Subjects
- NDPS Act
- Bail
- Small quantity of narcotics
- Charge framed
- Section 480(3)
- Section 2(1)(d)
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82588 of 2025
Arising Out of PS. Case No.-190 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Aman Aarif @ Vidhayak Son of Md. Salim Kuraishi @ Md. Laddan Kuraishi
R/o Ashiyana Colony, Bagmali Road No. - 3D. P.S. - Hajipur Town, Dist. -
Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritesh Jha, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner seeks regular bail in connection with
Hajipur Town P.S. Case No. 190 of 2025, lodged on 20.02.2025,
under Sections 8(b), 21(a), 22 & 29 of the NDPS Act.
3. Learned counsel for the petitioner submits that the
bail application of the petitioner was earlier rejected vide order
dated 02.06.2025 passed in Cr. Misc. No. 33198 of 2025.
Counsel further submits that the petitioner has been in custody
since 20.02.2025 and has one criminal case pending against
him. Counsel further submits that the quantity recovered of
Smack and Ganja is small in both cases. Counsel further
submits that a report regarding the present stage of the trial was
called for.
Patna High Court CR. MISC. No.82588 of 2025(3) dt.25-02-2026
2/3
4. Learned APP for the State opposes the prayer for
bail and submits that a report regarding present stage of the trial
was called for. From the report, it transpires that charge has been
framed on 03.01.2026 and case is fixed for evidence.
5. In light of the submissions made above, and
considering that the quantity recovered is small and charge has
already been framed, let the petitioner above named, be granted
bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty
thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023
to the satisfaction of Principal District & Sessions Judge,
Vaishali at Hajipur, in connection with Hajipur Town P.S. Case
No. 190 of 2025, subject to the following conditions as laid
down under Section 480(3) of the BNSS, as well as the
following other conditions:-
(i) one of the bailor should be the family member of
the petitioner who shall provide official document to show his
bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for three consecutive
dates without plausible reason will entail cancellation of his bail
bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
Patna High Court CR. MISC. No.82588 of 2025(3) dt.25-02-2026
3/3
police station fortnightly for two years to mark his attendance.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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