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Patna High Court

Md. AbdulversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted subject to a bond of Rs.10,000, two sureties and weekly police attendance, pending verification of the petitioner’s clean antecedent.

Summary

Md Abdul was arrested in connection with the alleged sale and smuggling of 137 grams of brown sugar, charged under sections 8(c) and 21(b) of the NDPS Act. He has been in custody since 25 October 2025 and claims a clean antecedent. The petitioner applied for bail, arguing that the quantity seized is below the commercial threshold. The State opposed the bail. The High Court, considering the small quantity, the petitioner’s clean record and the length of custody, allowed bail on a bond of Rs.10,000 with two sureties and ordered weekly attendance at the police station, subject to verification of his antecedent. The Court expressly stated it made no comment on the merits of the underlying criminal case.

Issues considered

  • Whether bail should be granted in an NDPS case where the seized quantity is less than the commercial quantity, considering the accused’s clean antecedent and period of custody.

Legislation cited

Subjects

  • NDPS Act
  • bail
  • drug trafficking
  • brown sugar
  • commercial quantity
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90442 of 2025

                     Arising Out of PS. Case No.-546 Year-2025 Thana- FORBESGANJ District- Araria

                 ======================================================
                 Md. Abdul S/o Md. Manjur @ Manjur Resident of - Ward No 03, Uttar
                 Rampur, p.s- Forbesganj, District – Araria
                                                                        ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Majid Mahboob Khan, Advocate
                 For the Opposite Party/s :         Ms. Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   31-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner seeks bail in connection with

                   Forbesganj P.S. Case No.546 of 2025 registered for the offence

                   under sections 8(c) and 21(b) of the N.D.P.S. Act.

                                   3.         The recovery is of 137 grams brown sugar.

                   The petitioner and other co-accused are said to have involved in

                   the sale and smuggling of brown sugar.

                                   4.         The    petitioner     is    in    custody       since

                   25.10.2025. He claims clean antecedent.

                                   5.         It has been submitted by learned counsel for

                   the petitioner that the alleged recovery of brown sugar is less

                   than the commercial quantity.

                                   6.         Learned APP for the State has opposed the
Patna High Court CR. MISC. No.90442 of 2025(3) dt.31-03-2026
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          prayer of the petitioner for grant of bail.

                          7.      Considering the quantum of recovery of

          brown sugar, the petitioner having clean antecedent and his

          period of custody, this bail application is allowed.

                          8.      Let the petitioner, above named, be released

          on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Principal District & Sessions Judge-cum- Special Judge,

          NDPS Act, Araria / concerned Court below, in connection with

          Forbesganj P.S. Case No.546 of 2025.

                          9.      This is also subject to the condition that the

          petitioner, after being released on bail, is directed to mark his

          attendance at Forbesganj Police Station, District- Araria on

          every Sunday of the month. Any default in appearance at the

          police station will result in cancellation of bail bonds of the

          petitioner.

                          10.     As the petitioner claims to have clean

          antecedent, the Court below, before accepting the bail bonds of

          the petitioner, shall verify the antecedent of the petitioner. The

          bail bonds of the petitioner shall only be accepted by the court

          below if it is found that he has clean antecedent.

                          11.     It is clarified that this Court has not
            Patna High Court CR. MISC. No.90442 of 2025(3) dt.31-03-2026
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                      expressed any opinion on the merits of the case and the

                      observations made by this Court is only for the purpose of

                      deciding this bail application.



                                                              (Sandeep Kumar, J)

pawan/-
U       T


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