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Patna High Court

Md. HasanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on condition of furnishing a bond and sureties.

Summary

The petitioner, a car mechanic, was arrested after 11.107 kg of ganja-like substance was recovered from the dickey of a car he was test‑driving. He claimed he had no knowledge of the contraband, which was more than a small quantity but less than a commercial quantity, and he has a clean antecedent record. The petition sought bail under Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. The Additional Public Prosecutor opposed bail, but the court considered the petitioner’s lack of knowledge, the quantity involved, and his clean record. The court ordered bail on the condition of a Rs.10,000 bond with two sureties, and the application was allowed.

Issues considered

  • Whether bail should be granted to the accused under the NDPS Act for possession of 11.107 kg of ganja‑like substance.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • possession of narcotics
  • quantity of contraband
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9732 of 2026
                      Arising Out of PS. Case No.-185 Year-2025 Thana- SAJOUR District- Bhagalpur
                 ======================================================
                 Md. Hasan, Male, aged about 34 years, S/o Late Sainul Haque @ Late Md.
                 Sainul Haque, resident of Mohalla- Arya Tola, Sabour, P.S- Sabour, District-
                 Bhagalpur
                                                                           ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md Fazle Karim, Advocate
                 For the Opposite Party/s :       Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   17-02-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner seeks bail in connection with Sajour

                   PS Case No.185 of 2025 dated 09.11.2025, instituted for the

                   offence punishable under Sections 8, 20(b) (ii)(B) of the

                   Narcotic Drugs and Psychotropic Substances Act.

                                 3. The allegation is of recovery of 11.107 Kg. Ganja

                   like substance from the dickey of the car bearing registration no.

                   BR 10W 4828 in which two persons were sitting including the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is a Car Mechanic and he runs a Garage and on the

                   alleged date of occurrence he was taking the test drive of the car
            Patna High Court CR. MISC. No.9732 of 2026(2) dt.17-02-2026
                                                        2/2




                      from which contraband articles have been recovered. The owner

                      of the car, Md. Mudasir, was also sitting in the car. The

                      petitioner had no knowledge about the contraband which was

                      kept in the car. Further submission is that recovery contraband is

                      more than small quantity but less than commercial quantity.

                      Lastly, it is submitted that the petitioner is in custody since

                      10.11.2025 having clean antecedents.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties, let

                      the petitioner 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 the Special Judge, NDPS Act,

                      Bhagalpur, in Sajour PS Case No.185 of 2025.

                                   7. The application stands allowed.


                                                               (Khatim Reza, J)
J. Alam/-

U      T


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