Patna High Court
Tamash Alam @ Tamasha AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the bail application, granting bail with conditions, holding that the intermediate quantity does not preclude bail and procedural lapses do not outweigh the petitioner’s right to liberty.
Summary
The petitioner, Tamash Alam, was arrested in connection with a seizure of 6 grams of heroin (smack) under Sections 8(c) and 21(b) of the NDPS Act. He claimed innocence, argued that the quantity fell in the intermediate category and therefore Section 37 of the NDPS Act should not apply, and contended that the police failed to follow the procedure prescribed under Section 50. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent. The High Court examined the facts, the statutory framework and the petitioner’s antecedents, and concluded that bail could be granted subject to strict conditions, including surety, personal appearance, and regular reporting to the Superintendent of Police. The Court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, imposing conditions for cancellation in case of non‑compliance.
Issues considered
- Whether bail can be granted to a person accused under Sections 8(c) and 21(b) of the NDPS Act for an intermediate quantity of narcotic substance.
- Whether the recovery of 6 grams of heroin attracts the rigors of Section 37 of the NDPS Act.
- Whether the police complied with the procedural requirements of Section 50 of the NDPS Act.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 37, 50, 8(c)
Subjects
- bail
- NDPS Act
- drug trafficking
- intermediate quantity
- Section 37
- Section 50
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85992 of 2025
Arising Out of PS. Case No.-412 Year-2025 Thana- ARARIA District- Araria
======================================================
Tamash Alam @ Tamasha Alam Son of Md. Azim Alam @ Ajij Alam @ Md.
Aziz Resident of Village - Lahtora Ward no. 01, P.S. - Araria, Dist. - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana, Adv.
For the Opposite Party/s : Ms.Nirmala Kumari, 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. 412 of 2025 dated 30.09.2025 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 received
secret information that two persons were involved in selling and
smuggling of the smack. A raid was conducted and two persons
were apprehended, who disclosed their names as Tamash Alam
@ Tamasha Alam (petitioner) and Moid Alam. On search, total
6 gms. of smack was recovered from the petitioner while 8 gms.
was recovered from the co-accused, Moid Alam.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.85992 of 2025(2) dt.09-01-2026
2/4
petitioner is innocent and has falsely been implicated in this
case and no such recovery of incriminating article has been
recovered from the conscious possession of the petitioner. It has
next been submitted that the recovery of 6 gms. of smack from
the possession of the petitioner 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 further been submitted
that the police had not followed the procedure as provided under
Section 50 of the N.D.P.S. Act. It has lastly been submitted that
the petitioner has one criminal antecedent and he is in custody
since 01.10.2025.
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. 412 of 2025, subject to the following terms and
conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
Patna High Court CR. MISC. No.85992 of 2025(2) dt.09-01-2026
3/4
(ii) The petitioner shall remain physically present
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 will 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
Patna High Court CR. MISC. No.85992 of 2025(2) dt.09-01-2026
4/4
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.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
Checking your session…