Patna High Court
Amir Mobya @ Amir Moaviya @ Amir Muaviya AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner as the prosecution failed to link him to the narcotic drugs and he had no criminal antecedent.
Summary
The petitioner, Amir Mobya Ansari, was implicated in a case under Section 21(c) of the NDPS Act for alleged involvement in the sale and purchase of narcotic drugs. The prosecution’s case was based on a raid that recovered drugs from a shopkeeper and from a co-accused, Sonu Das, but did not identify the petitioner as the owner of the shop or as possessing the drugs. The petitioner, a B‑Pharma student with no criminal record, claimed he was merely a passerby and had no connection to the drug trade. The State opposed bail, citing the seriousness of the offence. The Court, noting the petitioner’s lack of antecedents, the absence of evidence linking him to the drugs, and his status as a student, granted bail on a bond of Rs.10,000 with two sureties. The order directed the bail to be furnished to the Sessions Judge‑cum‑Special Judge (NDPS Act) in Sitamarhi.
Issues considered
- What is the appropriateness of granting bail to an accused under Section 21(c) of the NDPS Act when the prosecution has not established his ownership or possession of the narcotic drugs?
Legislation cited
Subjects
- bail
- NDPS Act
- drug offence
- Section 21(c)
- presumption of innocence
- student accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84747 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- Bhittha District- Sitamarhi
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Amir Mobya @ Amir Moaviya @ Amir Muaviya Ansari Son of Md.
Naimuddin Ansari @ Naimuddin @ Mohammad Naeemuddin Ansari R/o
Village- Chakni, Ward No. 3, P.S.- Bhitha, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Madhubala Verma, Adv.
Mr. Chitransh Raj, Adv.
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bhitha
P.S. case No. 63 of 2025 instituted for the offences under
Sections 21(c) of the N.D.P.S. Act.
3. As per prosecution case, the informant, on receipt of
secret information that certain persons were engaged in the sale
and purchase of narcotic drugs at Chani Bazar, formed a raiding
team and identified one person namely Sonu Das, who was
intercepted and searched, leading to recovery of various narcotic
tablets and bottles from his possession. During interrogation, he
disclosed that he had purchased the drugs from a shopkeeper.
Based on his disclosure, the raiding team proceeded to the shop
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from where large quantity of narcotic drugs and injections was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that the petitioner was a
passersby and resides near the place of occurrence and, on the
day of alleged occurrence, he was going to his house. It is next
submitted that the petitioner is a student of B-Pharma and has
no concern with the alleged shop from where alleged Narcotic
drugs have been recovered. Counsel for the petitioner further
submits that the investigation is complete and the petitioner has
no criminal antecedent. It is further submitted that the co-
accused namely Sonu Das, from whose possession alleged
Narcotic drugs have been recovered, has already been taken into
custody. Lastly, it is submitted that the petitioner has no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Having heard learned counsel for the parties and
taking into account the period of custody of the petitioner who
is a student of B. Pharma as also the fact that the prosecution
has failed to identify the petitioner as the owner of the alleged
Patna High Court CR. MISC. No.84747 of 2025(4) dt.19-03-2026
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shop and the petitioner having no criminal antecedent, let the
petitioner be released on bail on furnishing bail bonds of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge -cum- Special
Judge (N.D.P.S. Act), Sitamarhi in connection with Bhitha P.S.
case No. 63 of 2025.
(Ajit Kumar, J)
rishi/-
U T
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