Patna High Court
Aftab @ Md. Aftab AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners.
Summary
The petitioners, Aftab Alam and Sajebul, were arrested in connection with a case under Sections 8 and 20(b)(ii)(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after three bags containing 3.150 kg of ganja were recovered from a motorcycle they allegedly abandoned. They contended that they were neither the driver nor the owner of the motorcycle, that no incriminating article was found on them, and that they were implicated only on suspicion. The State opposed their bail, arguing the seriousness of the offence. The Court examined the facts, the nature of the accusation, the material evidence and the length of custody, and concluded that bail could be granted. Accordingly, each petitioner was released on bail upon furnishing a bond of Rs 10,000 with two sureties each.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act for alleged possession of narcotics.
- Whether the petitioners’ alleged lack of ownership or control over the motorcycle negates the presumption of guilt.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(b), 8
Subjects
- bail
- NDPS Act
- narcotic drugs
- possession
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9963 of 2026
Arising Out of PS. Case No.-57 Year-2024 Thana- GHURNA District- Araria
======================================================
1. Aftab @ Md. Aftab Alam Son of Affaque @ Md. Afaque Resident Of
Village- Pathraha, Ward No. 13, Ps -Ghurna, Dist- Araria
2. Sajebul @ Majebul @ Md. Majebul @ Md Sajebul @ Sajebur Son of
Mahbul Resident Of Village- Pathraha, Ward No. 13, Ps -Ghurna, Dist-
Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Kumar Ravish, Advocate
For the State : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offence punishable under Sections 8 and 20(b)(ii)(b) of the
N.D.P.S. Act.
3. As per prosecution case, 3 bags containing Ganja
weighing 3.150 Kg was recovered from a motorcycle, which
was allegedly abandoned by these petitioners after seeing the
police party.
4. It is submitted by learned counsel for the petitioners
that petitioners are quite innocent and have committed no
offence. No incriminating article has been recovered from
Patna High Court CR. MISC. No.9963 of 2026(2) dt.18-02-2026
2/2
conscious possession of these petitioners and they have falsely
been implicated in this case merely on suspicion. Petitioners are
neither driver nor owner of the motorcycle in question and have
got no concern with the alleged recovery. Moreover, charge-
sheet has already been submitted and petitioners are in custody
since 06.01.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the facts and circumstances of the
case, nature of accusation, materials available on record and
period of custody, the prayer for grant of bail to the petitioners is
allowed.
7. Accordingly, let the above named petitioners be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Principal District and Sessions Judge-
cum-Special Judge, N.D.P.S. Act, Araria in connection with
Ghurna P.S. Case No. 57 of 2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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