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Patna High Court

Amjad Ali @ RinkuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to the stipulated conditions.

Summary

Amjad Ali @ Rinku was arrested in a case under Sections 8(c) and 21(b) of the Narcotic Drugs & Psychotropic Substances Act after a police raid recovered 40 grams of a smokable narcotic, cash and a weighing machine. The petitioner claimed he was falsely implicated, arguing that the drugs were thrown into his house by a co‑accused and that no article was found in his possession. He also contended that the quantity was below commercial levels and that procedural safeguards under the NDPS Act were not observed. Despite two prior criminal antecedents and having been in custody since 28‑10‑2025, the court considered the bail application. Justice Sourendra Pandey granted bail on a bond of Rs.10,000 with two sureties, imposing conditions such as regular court appearances, verification of antecedents, and police monitoring.

Issues considered

  • Whether bail can be granted to a person charged under Sections 8(c) and 21(b) of the NDPS Act when the seized quantity is below commercial level and the accused has prior criminal antecedents.
  • Whether the procedural requirements for bail under the NDPS Act have been satisfied in the present case.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotic possession
  • criminal antecedents
  • procedural compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84448 of 2025
                        Arising out of PS. Case No.-442 Year-2025 Thana- ARARIA District- Araria
                 ======================================================
                 Amjad Ali @ Rinku Son of Salauddin Resident of village - Sisouna, Gaiyari,
                 Ward No.- 02, P.S.- Araria, Dist.- Araria

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mrs. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   05-01-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the state.

                                2. The petitioner seeks bail in a case instituted for the

                   offences under Sections 8(c) and 21(b) of Narcotic Drugs &

                   Psychotropic Substance Act. He has two criminal antecedents.

                                3. As per the prosecution case, on secret information

                   that smack was being smuggled from the house of Amjad Ali @

                   Rinku (Petitioner), it was raided and two persons tried to flee.

                   The police team chased, however, one person was apprehended

                   who disclosed his name as Amjad Ali @ Rinku (Petitioner) and

                   the other managed to escape. It is further alleged that on search

                   total 40 Grams of smack like substance was recovered along

                   with Rs. 2,63,556/- cash and weighing machine .

                                4. Learned counsel for the petitioner submits that the
            Patna High Court CR. MISC. No.84448 of 2025(2) dt.05-01-2026
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petitioner has falsely been implicated in this case and admittedly

from mere perusal of the FIR it would be clear that the smack

was being taken by the co-accused Gulshan Kumar who had

thrown it in the house of the petitioner and fled. It is further

submitted that no incriminating article was recovered from the

conscious possession of the petitioner rather the same was

recovered from the room which was thrown by the co-accused.

It is next submitted by the petitioner that the quantity falls in the

intermediate category and is less than the commercial quantity

and the procedure has not been followed as prescribed under

NDPS Act. It is lastly submitted that the petitioner has two

criminal antecedents and he is in custody since 28.10.2025..

          5. Learned Additional Public Prosecutor for the State

has vehemently opposed the prayer for bail of the petitioner.

          6. Considering the aforesaid submissions of learned

counsel and taking into account the fact that the petitioner is in

custody since 28.10.2025, the petitioner above named, is

directed to 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 Principal District

& Sessions Judge-cum-Special Judge, N.D.P.S. Act, Araria in

connection with Araria P.S. Case No. 442 of 2025, subject to the
           Patna High Court CR. MISC. No.84448 of 2025(2) dt.05-01-2026
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the following conditions:-

                         (i) One of the bailors will be a

         close relative of the petitioner.

                         (ii) The petitioner will remain

         present on each and every date fixed by the

         Court below, if so required by the learned Trial

         Court.

                         (iii) In case of absence on two

         consecutive dates or in violation of the terms of

         the bail, the bail bond of the petitioner will be

         liable to be canceled by the Court concerned.

                         (iv) And further condition that the

         court below shall verify the criminal antecedent

         of the petitioner except two cases and in case at

         any stage it is found that the petitioner has con-

         cealed his criminal antecedent, the court below

         shall take step for cancellation of bail bond of

         the petitioner. However, the acceptance of bail

         bonds in terms of the above-mentioned order

         shall not be delayed for purpose of the same or

         in the name of verification.

          7. It is made clear that the observations, if any, made
                       Patna High Court CR. MISC. No.84448 of 2025(2) dt.05-01-2026
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           in this order, shall be of no bearing during the trial.

                     8. In view of the antecedents of the petitioner, the

           petitioner is directed to appear before the Superintendent of

           Police, Araria within fifteen days of his release with a copy of

           this order and every two weeks thereafter for the next nine

           months. The conduct of the petitioner will be kept under watch

           in this period by the Superintendent of Police concerned and if it

           is found wanting in any respect, a report shall be made to the

           court concerned by him to initiate a proceeding for cancellation

           of bail for reasons of misuse of bail. After reporting to the

           Superintendent of Police, a certificate will be filed by the

           petitioner before the court concerned.



                                 (Sourendra Pandey, J)
Vikash/-

U      T


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