Patna High Court
Md. Akhtar Hussain @ Akhtar Hussain @ Md. AkhtarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the quantity of MDMA recovered exceeded the commercial quantity, invoking the bar under Section 37 of the NDPS Act.
Summary
Md. Akhtar Hussain was arrested after 25.50 grams of MDMA were recovered from his residence, leading to charges under Sections 8(c) and 21(b) of the NDPS Act. He applied for regular bail, claiming the seizure was planted and violated Section 50 of the Act, and noted he had one prior criminal antecedent. The State opposed bail, emphasizing that the seized quantity far exceeded the commercial threshold of 10 grams. The court examined the statutory bar under Section 37, which restricts bail when the quantity involved is of commercial magnitude. Relying on this provision, the court dismissed the bail application and upheld its earlier order denying bail.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized quantity exceeds the commercial quantity threshold.
- Whether the allegation of a planted recovery and alleged violation of Section 50 affect the bail decision.
- Applicability of Section 37 of the NDPS Act as a bar to bail in cases involving commercial quantities.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 50, 8(c)
Subjects
- NDPS Act
- bail
- commercial quantity
- Section 37
- MDMA
- drug possession
- planted evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87774 of 2025
Arising Out of PS. Case No.-25 Year-2024 Thana- JIYAPOKHAR District- Kishanganj
======================================================
Md. Akhtar Hussain @ Akhtar Hussain @ Md. Akhtar S/O Late A Rahman
R/O Mirchan Basti, Jiyapokhar, P.S- Jiyapokhar, Distt.- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Sinha, Adv
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-02-2026 Heard Mr. Pankaj Kumar Sinha, learned counsel for
the petitioner and learned APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with NDPS .Case No.
13 of 2025 registered for the offence punishable under Section
8C,21(b) of the N.D.P.S. Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 23.10.2024 passed in Cr. Misc.
No.75381 of 2024, which reads as under:-
Heard learned Senior Counsel
for the petitioner and learned APP for the
State.
Patna High Court CR. MISC. No.87774 of 2025(2) dt.11-02-2026
2/3
2. This application is for grant
of regular bail inconnection with
Jiyapokhar P.S. Case No.25 of 2024,
registered for the offences under Sections
8 (c), 21(b) of the NDPS Act.
3. As per the F.I.R., the recovery
is of 25.50 gm of MDMA from the house of
the petitioner.
4. Learned Senior Counsel for
the petitioner submitted that the recovery
is not from the petitioner but it is a planted
recovery and in violation of Section 50 of
NDPS Act. The petitioner is in custody
since 29.12.2024 and he has one criminal
antecedent. the bail application.
5. Learned APP for the State
vehemently opposed the bail application.
6. The commercial quantity of
MDMA is 10 gm and recovery is much
more than the commercial quantity.
7. Considering the bar of
Section 37 of the NDPS Act which deals in
grant of bail in commercial quantity in
cases where the recovery is of commercial
quantity, I am not inclined to extend the
privilege of regular bail to the petitioner.
8. Accordingly, this application
is dismissed.
4. Learned counsel for the petitioner submits that
the charge has been framed. It is submits that out of 8 witnesses
2 witnesses have been examined and the trial is proceeded.
5. Considering the fact that more than commercial
quantity of MDMA has been recovered from the house of the
petitioner I am not inclined to review my earlier order.
Patna High Court CR. MISC. No.87774 of 2025(2) dt.11-02-2026
3/3
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
N.K/-
U T
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