Allowed¶21

Subhan Alam @ Aryan v. The State of Bihar

Patna HC13 Aug 2025CR. MISC./37262/2025

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.37262 of 2025, decided 13-08-2025 by Chandra Prakash Singh, J. Bail application allowed under Sections 8(c), 21(c) NDPS Act; Kishanganj; Galgalia P.S. Case No. 84 of 2024; recovery of 460.8 grams brown sugar-like substance from co-accused Md. Murad; petitioner named in confessional statement; commercial quantity objection; custody since 06.04.2025; bail-bond Rs. 20,000 with two sureties; condition of appearance on each date.

What did the court decide?

Regular bail granted to the petitioner on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Kishanganj, in connection with Galgalia P.S. Case No. 84 of 2024, subject to the condition of physical presence before the Court below on every date. ¶21

Subhan Alam @ Aryan Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, Subhan Alam @ Aryan, is entitled to regular bail in connection with Galgalia P.S. Case No. 84 of 2024 registered for offences punishable under Sections 8(c) and 21(c) of the NDPS Act. +1 more

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Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Kishanganj, in connection with Galgalia P.S. Case No. 84 of 2024.

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Ratio / Principle

Bail is subject to the condition that the petitioner remain physically present before the learned Court below on each and every date; failure to appear on two consecutive dates without reasonable cause renders his bail bond liable to cancellation.

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Detailed headnote1 paragraphs

NDPS Act - Regular bail granted. Applicant sought bail in Galgalia P.S. Case No. 84 of 2024 (dated 27.10.2024), registered u/ss 8(c), 21(c) NDPS Act, after 460.8 grams of brown sugar-like substance, a silver weight machine, a mobile phone and a motorcycle were recovered from co-accused Md. Murad, who disclosed he worked for the applicant. Counsel contended nothing was recovered from the applicant's conscious possession and his name surfaced only in the co-accused's confessional statement, while noting two antecedents and custody since 06.04.2025; the A.P.P. opposed on the ground that the seized contraband exceeded commercial quantity. Considering the circumstances and the period of custody, the High Court enlarged the applicant on bail on a Rs. 20,000 bond with two like sureties, conditioned on physical presence before the Court below on every date, absence on two consecutive dates without reasonable cause exposing the bond to cancellation.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37262 of 2025

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Arising Out of PS. Case No.-84 Year-2024 Thana- GALGALIYA District- Kishanganj

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======================================================

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Subhan Alam @ Aryan S/O Saidul Rahman @ Saidur Rahman Resident of Village- Kaubhittha Ward No. 19, P.S- Kurlikot, Distt.- Kishanganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bhola Prasad For the Opposite Party/s : Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 13-08-2025 Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with Galgalia P.S. Case No. 84 of 2024 dated 27.10.2024 registered for the offence/s punishable u/ss 8 (c), 21 (c) of the N.D.P.S. Act.

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3. As per the prosecution case, total 460.8 grams of brown sugar like substance, a silver weight machine, one mobile phone and a motorcycle were recovered from the possession of the co-accused persons, Md. Murad who disclosed that he was working for the petitioner.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional

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Patna High Court CR. MISC. No.37262 of 2025(2) dt.13-08-2025 2/2

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statement of the co-accused, Md. Murad. The petitioner has two antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 06.04.2025.

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5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the seized contraband is more than commercial quantity.

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kishanganj in connection with Galgalia P.S. Case No. 84 of 2024, with the condition ;-

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(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Subhan Alam @ Aryan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Subhan Alam @ Aryan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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