Patna High Court
Tabrej @ TabrezversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Tabrej @ Tabrez, was arrested in connection with a case under Sections 8(c) and 21(b) of the NDPS Act after police recovered about 90 grams of a smokable narcotic from a rented house. The petitioner contended that he was not the tenant, had no possession of the seized material, and was falsely implicated, also alleging that the police failed to comply with Section 105 of the Bihar Narcotic Substances (B.N.S.S.) Act during the seizure. He further argued that the quantity seized, while more than a small amount, was far below a commercial quantity and that he had no prior criminal record, having been in judicial custody since 14‑10‑2025. The State opposed bail, but the Court, after hearing both sides, considered the procedural lapse, the modest quantum of the drug, and the petitioner’s clean antecedent. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail can be granted to an accused under Sections 8(c) and 21(b) of the NDPS Act.
- Whether the failure to comply with Section 105 of the B.N.S.S. Act during seizure affects bail eligibility.
- Whether the quantum of narcotic (90 grams) qualifies as a ‘small quantity’ or a ‘commercial quantity’ for bail considerations.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- drug seizure
- Section 105
- quantum of contraband
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88810 of 2025
Arising Out of PS. Case No.-189 Year-2025 Thana- R S P.S. District- Araria
======================================================
Tabrej @ Tabrez, S/o- Altaf @ Iltaf, Resident of Village- 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. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and 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) and 21(b) of N.D.P.S. Act.
3. The case of the prosecution, in short, is that from a
rented house, altogether 90 gram of smack like object 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. He is not the tenant in that house. It has further been
submitted that nothing has been recovered from his possession.
The witnesses of the seizure list are police personnel. The police
Patna High Court CR. MISC. No.88810 of 2025(2) dt.06-01-2026
2/2
has not followed Section 105 of the B.N.S.S. while making the
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.
Petitioner is having no criminal antecedent and he is in judicial
custody since 14.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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)
lata/-
U T
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