Patna High Court
Md. Noor AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner with specified conditions.
Summary
The petitioner, Md. Noor Alam, was arrested in connection with a drug seizure case (Araria PS Case No. 431 of 2025) where 100 grams of smokeless tobacco (smack) was recovered. He sought bail, claiming innocence, lack of conscious possession, and that the quantity fell in the intermediate category, thus not attracting the stringent provisions of Section 37 of the NDPS Act. The prosecution opposed bail, citing the seriousness of the offence under Sections 8(c) and 21(b) of the NDPS Act. The court examined the facts, the petitioner’s clean antecedent, and the procedural delay between apprehension and FIR registration. It granted bail on a Rs. 10,000 bond with two sureties, imposing conditions such as personal presence at trial, reporting to the Superintendent of Police, and potential cancellation for non‑compliance. The order emphasized that any observations made would not affect the trial.
Issues considered
- What is the appropriateness of granting bail to the accused under Sections 8(c) and 21(b) of the NDPS Act given the intermediate quantity of narcotic seized?
- Whether the procedural delay between apprehension (13‑Oct‑2025) and FIR registration (15‑Oct‑2025) affects the bail decision?
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 37, 8(c)
Subjects
- bail
- NDPS Act
- drug offence
- intermediate quantity
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85908 of 2025
Arising Out of PS. Case No.-431 Year-2025 Thana- ARARIA District- Araria
======================================================
Md. Noor Alam Son of Md. Iliyas Resident of Village - Muradbag, Ward No.-
1, P.S.- Kasba, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar, Adv.
For the Opposite Party/s : Mr.Ram Anurag Singh,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with Araria
P.S. Case No. 431 of 2025 dated 15.10.2025 registered for the
offence(s) punishable under Section(s) 8(c) and 21(b) of the
N.D.P.S. Act.
3. As per the prosecution case, the informant has
alleged that during patrolling, one car was intercepted and four
persons were apprehended and upon inquiry and on search, 100
gms. of smack was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
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case. It has next been submitted that no recovery has been made
from the conscious possession of the petitioner. Learned counsel
has further been submitted that from perusal of the seizure list, it
is evident that admittedly the petitioner was apprehended on
13.10.2025 but the F.I.R. was finally registered on 15.10.2025.
It has next been submitted that the quantity falls within the
intermediate category and thus the rigors of section 37 of the
N.D.P.S. Act is not attracted in the present case. It has lastly
been submitted that the petitioner has clean antecedent and he is
in custody since 16.10.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Araria in connection with Araria P.S.
Case No. 431 of 2025, subject to the following terms and
conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
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before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(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 cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of 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,
Araria, within fifteen (15) 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 with be kept under watch in this
period by the concerned Superintendent of Police 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
of the petitioner 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.
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7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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