Patna High Court - Orders
Abdul Basit vs The State Of Bihar on 15 September, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52222 of 2025
Arising Out of PS. Case No.-129 Year-2025 Thana- Mufassil District- Purnia
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Abdul Basit Son of Md Nejamuddin @ Najamuddin @ Md. Najamuddin
village- Mahseli gitwas, Ps- Bausi (Raniganj), Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Shambhu Narayan Singh, Advocate
Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr.Gautam, APP
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 15-09-2025Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 129 of 2025, instituted for the offences punishable under Sections 8(c), 21(b), 25 and 29 of the NDPS Act.
3. Prosecution allegation, in short, is that there is recovery of 213 gram smack from a car and the petitioner along with other co-accused persons were apprehended on spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern Patna High Court CR. MISC. No.52222 of 2025(3) dt.15-09-2025 2/3 with the alleged recovery of smack. The petitioner is said to be the driver of the car in question. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 27.05.2025 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 04.08.2025 passed in Cr. Misc. No. 49480 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case No. 129 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.52222 of 2025(3) dt.15-09-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/-
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