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Patna High Court

AbdullahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

Abdullah applied for bail in a case registered under Sections 8(c) and 21(b) of the NDPS Act, where police claimed to have recovered 90 grams of a narcotic substance from a rented house. The petitioner contended that he was falsely implicated, that the seized material was not in his conscious possession, and that the police failed to follow Section 105 of the BNSS during the seizure. He also highlighted the lack of any criminal antecedent, his custody since 14‑10‑2025, and that a similarly situated co‑accused had already been granted bail in a related matter (Cr. Misc. No. 88810 of 2025). The State opposed the bail. After hearing both sides, the Patna High Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused under the NDPS Act in view of the alleged seizure of 90 g of narcotic substance.
  • Whether the police complied with Section 105 of the BNSS during the seizure.
  • Whether the quantum of the seized contraband warrants denial of bail.
  • Whether the petitioner’s lack of prior criminal record and the bail granted to a co‑accused affect the decision.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • seizure procedure
  • Section 105
  • quantum of contraband
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87906 of 2025
                         Arising Out of PS. Case No.-189 Year-2025 Thana- R S P.S. District- Araria
                 ======================================================
                 Abdullah S/o Md Safique @ Md. Shafique Resident of Lahna Gosaibari,
                 Ward no 15, P.S. and District -Araria

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ranjeet Choubey, Advocate
                 For the Opposite Party/s :         Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   30-01-2026                    Heard Mr. Ranjeet Choubey, learned counsel for the

                   petitioner and Mr. Arun Kumar, learned APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   R.S. P.S. Case No. 189 of 2025 registered for the offence

                   punishable under Sections 8(c) & 21(b) of the NDPS Act.

                                3. The case of the prosecution in short is that from a

                   rented house, altogether 90 gram of smack like substance was

                   recovered.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Nothing has

                   been recovered from the conscious possession of the petitioner.

                   The witnesses of the seizure list are police personnel. The police

                   has not followed Section 105 of the BNSS while making the
          Patna High Court CR. MISC. No.87906 of 2025(3) dt.30-01-2026
                                                      2/2




                    seizure. It has also been submitted that the alleged quantum of the

                    contraband which is said to be recovered is though more than

                    small quantity but is much less than commercial quantity.

                    Similarly situated other co-accused person has already been

                    granted bail by this court passed in Cr. Misc. No. 88810 of 2025.

                    He further submits that a statement has been made in para 3 of the

                    petition that petitioner has no criminal antecedent and he is

                    languishing in judicial custody since 14.10.2025.

                                 5. The application for bail is opposed by learned APP

                    for the State.

                                 6. Having heard learned counsel for the parties and

                    considering the facts and circumstances of the case, this Court is

                    inclined to enlarge the petitioner on bail.          The above named

                    petitioner is directed to be enlarged on bail on furnishing bail

                    bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                    the like amount each to the satisfaction of the learned Special

                    Judge, NDPS Act, Araria in connection with R.S. P.S. Case No.

                    189 of 2025.



                                                   (Ashok Kumar Pandey, J)
Sudhanshu/-
U      T


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