Patna High Court
AbdullahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
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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