Patna High Court
Amjad Ali @ RinkuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Narcotic Drugs & Psychotropic Substances Act — s. 21(b), 8(c)
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
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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
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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
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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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