Created by Fuzzy Cloud

Patna High Court

Tamash Alam @ Tamasha AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.