Patna High Court
Md. AslamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court held that bail should be granted subject to strict conditions despite the petitioner’s antecedents.
Summary
The petitioner, Md Aslam, was arrested in Banmankhi on charges under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly possessing 4.20 g of brown sugar. He contended that the recovery was fabricated, that the quantity fell below the statutory ‘small quantity’ threshold, and therefore Section 37 of the NDPS Act should not apply. The State argued that the petitioner is a habitual offender with a similar prior case and opposed bail. The High Court, after hearing both sides, granted bail on a bond of Rs 10,000 with two sureties, imposing several conditions including regular appearance before the trial court and the Superintendent of Police. The order also stipulated that any concealment of criminal antecedents or violation of bail conditions could lead to cancellation, while noting that the observations made would not affect the trial.
Issues considered
- Whether bail can be granted under the NDPS Act when the alleged quantity is below the small‑quantity limit.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- habitual offender
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85387 of 2025
Arising Out of PS. Case No.-33 Year-2025 Thana- BANMANKHI District- Purnia
======================================================
Md. Aslam S/o Late Wajid Ali R/o Vill- Banmankhi, Bishunpur dat Ward No.
16, P.S.- Banmakhi, Distt- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarveshwar Tiwary, Adv.
For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with
Special Case No. 102 of 2025, arising out of Banmankhi
P.S. Case No. 33 of 2025, dated 27.01.2025, instituted for
the offences under Sections 8(c)/21(b) of the N.D.P.S. Act.
3. As per prosecution case, the Police on secret
information intercepted few person and on search the
petitioner is alleged to have been found with 4.20 Gm
smack/brown sugar.
4. Learned counsel for the petitioner submits that
the petitioner has falsely been implicated and no such
recovery as alleged has been made. It has next been
Patna High Court CR. MISC. No.85387 of 2025(2) dt.06-01-2026
2/4
submitted that even if the allegations are taken on its face
value, the quantity is below the small quantity and,
therefore, the rigors of Section 37 of the N.D.P.S. Act will
not be attracted. It has lastly been submitted that the
petitioner though has one criminal case of similar nature
and he is in custody since 28.01.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and stated that
the petitioner is a habitual offender and involved in a
similar nature of case and therefore, he should not be
released on bail.
6. Considering the aforesaid submissions, 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 2nd District and Additional
Sessions Judge (N.D.P.S. Act), Purnea in connection with
Special Case No. 102 of 2025, arising out of Banmankhi
P.S. Case No. 33 of 2025, subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
Patna High Court CR. MISC. No.85387 of 2025(2) dt.06-01-2026
3/4
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 and in
case at any stage it is found that the petitioner has concealed
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.
(v). In view of the antecedents of the petitioner,
the petitioner is directed to appear before the
Superintendent of Police, 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
Patna High Court CR. MISC. No.85387 of 2025(2) dt.06-01-2026
4/4
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.
7. It is made clear that the observations, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
pravinkumar/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.