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Abdullah Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

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Patna HC
2026
Abdullah Vs The State of BiharAbdullah v. The State of Bihar

Allowed¶20

Abdullah v. The State of Bihar

Bail – NDPS Act, Sections 8(c) & 21(b)

Patna HC30 Jan 2026CR. MISC./87906/2025

Case brief

AI extract

What is this about?

Patna High Court, CRIMINAL MISCELLANEOUS No.87906 of 2025 (arising out of R.S. P.S. Case No. 189 of 2025, District Araria), decided 30-01-2026 by Ashok Kumar Pandey, J. Bail granted under Sections 8(c) & 21(b) NDPS Act; 90 gram smack-like substance recovered from rented house; defence pointed to below-commercial quantity, police seizure witnesses, Section 105 BNSS issue, no antecedents, custody since 14.10.2025 and co-accused bail in Cr. Misc. No. 88810 of 2025; release ordered on Rs. 10,000 bond with two like sureties before Special Judge, NDPS Act, Araria.

What did the court decide?

Petitioner enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Araria, in connection with R.S. P.S. Case No. 189 of 2025. ¶20

Why is it important?

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court was inclined to enlarge the petitioner on bail and directed his release on furnishing a bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Araria, in connection with R.S. P.S. Case No. 189 of 2025. ¶20

What the court decided

AI extract

Outcome

Petitioner enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Araria, in connection with R.S. P.S. Case No. 189 of 2025.

Issue for consideration

Whether the petitioner, arraigned in R.S. P.S. Case No. 189 of 2025 for offences punishable under Sections 8(c) & 21(b) of the NDPS Act, should be enlarged on bail.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court was inclined to enlarge the petitioner on bail and directed his release on furnishing a bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Araria, in connection with R.S. P.S. Case No. 189 of 2025.

Detailed headnote1 paragraphs

Bail — NDPS Act, Sections 8(c) & 21(b) — recovery of altogether 90 gram of smack like substance from a rented house — counsel submitted quantity exceeds small quantity but is far below commercial quantity, seizure witnesses were police personnel and Section 105 BNSS not followed in the seizure — petitioner stated to have no criminal antecedent and in judicial custody since 14.10.2025 — similarly situated co-accused already granted bail in Cr. Misc. No. 88810 of 2025 — Held, considering the facts and circumstances, petitioner enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Araria.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87906 of 2025

Arising Out of PS. Case No.-189 Year-2025 Thana- R S P.S. District- Araria

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

Abdullah S/o Md Safique @ Md. Shafique Resident of Lahna Gosaibari, Ward no 15, P.S. and District -Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Choubey, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

3 30-01-2026

Heard Mr. Ranjeet Choubey, learned counsel for the

petitioner and Mr. Arun Kumar, learned APP for the State.

The petitioner has prayed for bail in connection with R.S. P.S. Case No. 189 of 2025 registered for the offence punishable under Sections 8(c) & 21(b) of the NDPS Act.

The case of the prosecution in short is that from a rented house, altogether 90 gram of smack like substance was recovered.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The witnesses of the seizure list are police personnel. The police has not followed Section 105 of the BNSS while making the

Patna High Court CR. MISC. No.87906 of 2025(3) dt.30-01-2026 2/2

seizure. It has also been submitted that the alleged quantum of the contraband which is said to be recovered is though more than small quantity but is much less than commercial quantity. Similarly situated other co-accused person has already been granted bail by this court passed in Cr. Misc. No. 88810 of 2025. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 14.10.2025.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Araria in connection with R.S. P.S. Case No. 189 of 2025.

Sudhanshu/- U T

(Ashok Kumar Pandey, J)

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, arraigned in R.S. P.S. Case No. 189 of 2025 for offences punishable under Sections 8(c) & 21(b) of the NDPS Act, should be enlarged on bail.¶14
The court held
Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court was inclined to enlarge the petitioner on bail and directed his release on furnishing a bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Araria, in connection with R.S. P.S. Case No. 189 of 2025.ratio¶20

Cases cited

Colour shows how this judgement treated each authority

AI extract

Cr. Misc. No. 88810 of 2025Referred¶18

Statutes considered

3 provisions across 2 enactments

AI extract

NDPS Act8(c)¶14 21(b)¶14
BNSS105¶16

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR registered as R.S. P.S. Case No. 189 of 2025, Thana R.S.P.S., District Araria, for offences punishable under Sections 8(c) & 21(b) of the NDPS Act; petitioner sought bail therein.¶14
Prior proceeding
Prosecution case: recovery of altogether 90 gram of smack like substance from a rented house.¶15
Prior proceeding
Submissions of learned counsel for the petitioner: innocence, false implication, nothing recovered from conscious possession, seizure-list witnesses are police personnel, and non-compliance with Section 105 BNSS in making the seizure.¶16
Prior proceeding
Submission of learned counsel for the petitioner: alleged contraband quantity is more than small quantity but much less than commercial quantity.¶18
Prior proceeding
Statement in para 3 of the bail petition: petitioner has no criminal antecedent and is in judicial custody since 14.10.2025.¶18
Prior proceeding
Submission of learned counsel: a similarly situated co-accused has already been granted bail by this Court in Cr. Misc. No. 88810 of 2025.¶18

Parties & counsel

AI extract

petitioner
Abdullah S/o Md Safique @ Md. Shafique¶4
Ranjeet Choubey
respondent
The State of Bihar¶7
Arun Kumar

Coram

AI extract

Ashok Kumar Pandeyauthor¶10

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 30 Jan 2026 · January
Registered: 12 Dec 2025
Case no.: CR. MISC./87906/2025
CNR: BRHC011265292025
Topic: Narcotics (NDPS)
Bench: Ashok Kumar Pandey
Disposal: ALLOWED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Abdullah v. The State of Bihar, CR. MISC./87906/2025 (PAT), decided on 30 January 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Cr. Misc. No. 88810 of 2025Referred¶18

Open Authorities

Statutes3

NDPS Act8(c) · 21(b)
BNSS105

View all statutes

Procedural history6

FIR registered as R.S. P.S. Case No. 189 of 2025, Thana R.S.P.S., District Araria, for offences punishable under Sections 8(c) & 21(b) of the NDPS Act; petitioner sought bail therein.
Prosecution case: recovery of altogether 90 gram of smack like substance from a rented house.

View full history

Bench / Coram

Ashok Kumar Pandey

Parties & counsel