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Patna High Court

Md. Izrail AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the seized quantity was not a commercial quantity and thus Section 37 of the NDPS Act did not apply.

Summary

The petitioner, Md. Izrail Alam, was arrested on 31 October 2025 for alleged possession of 2.8 litres of codeine syrup, alleged under Sections 8(c) and 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He applied for bail, contending that the seized quantity was below the commercial quantity and that, therefore, Section 37 of the NDPS Act – which bars bail in cases involving commercial quantities – did not apply. The State opposed bail but also acknowledged that the quantity was below the commercial threshold. The Court noted the petitioner’s clean antecedent and the fact that the quantity was not commercial, concluding that there was no statutory embargo on granting bail. Accordingly, the Court ordered bail on a bond of Rs.10,000 with two sureties and imposed standard conditions for appearance and non‑tampering with evidence.

Issues considered

  • Whether Section 37 of the NDPS Act bars bail when the seized narcotic quantity is below the commercial quantity
  • Whether the petitioner is eligible for bail despite the charges under Sections 8(c) and 21(c) of the NDPS Act

Legislation cited

Subjects

  • bail
  • NDPS Act
  • codeine syrup
  • commercial quantity
  • Section 37
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91000 of 2025
                    Arising Out of PS. Case No.-271 Year-2025 Thana- KRITYANAND NAGAR District-
                                                          Purnia
                 ======================================================
                 Md. Izrail Alam S/o Md. Gaffar R/o Village- Islampur, P.S- K Nagar, Dist-
                 Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Abhishek, Advocate
                 For the Opposite Party/s :      Mr.Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-01-2026                  Heard Mr.Abhishek, learned counsel for the petitioner

                   and Mr.Mukesh Kumar Singh, learned A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   31.10.2025 in connection with K.Nagar P.S.Case No. 271 of

                   2025, FIR dated 31.10.2025 registered for the offence

                   punishable under Sections Sections 8(c)/21(c) of N.D.P.S.Act.

                                3. Recovery is of 28 pieces containing 100 ml. in each

                   bottle Codeine Syrup (Total 2.8 Liters).

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. It appears from

                   the FIR that altogether 28 pieces containing 100 ml. in each

                   bottle Codeine Syrup (Total 2.8 Liters) has been recovered

                   from the shop of the petitioner. Learned counsel for the
Patna High Court CR. MISC. No.91000 of 2025(2) dt.13-01-2026
                                            2/3




          petitioner submits that the seized article is not under the

          commercial quantity. Hence, there is no embargo under Section

          37 of the N.D.P.S.Act for grant of bail to the petitioner and

          there is non-compliance of mandatory provisions of NDPS Act

          and the police, after investigation, submitted chargesheet against

          the petitioner and the petitioner is in custody since 31.10.2025.

                       5. Learned A.P.P. for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner but

          fairly submits that the recovered article is less than the

          commercial quantity.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent and the recovered article is less than the commercial

          quantity, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs.10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Special Judge, (NDPS Act), Purnea in connection with K.Nagar

          P.S.Case No. 271 of 2025, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.
               Patna High Court CR. MISC. No.91000 of 2025(2) dt.13-01-2026
                                                           3/3




                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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