Patna High Court
Md. AbdulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
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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