Ahamadullah @ Ahamadulah @ Manuar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7470 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Ahamadullah @ Ahamadulah @ Manuar S/O Late Jamiruddin R/O VillageMalda, Sujapur, P.S.- Kaliachak, Malda, District -West Bengal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti For the Opposite Party/s :
Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Ladania P.S. Case No. 11 of 2024 dated 19.01.2024 registered for the offences punishable under Sections 20 and 22 of Narcotics Drugs and Psychotropic Substances Act.
3. As per the prosecution case, total 220 gms of brown sugar and Rs. 55,000/- were recovered from the possession of the co-accused and total 300 gms brown sugar and one Android mobile set were recovered from the possession of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.7470 of 2025(4) dt.17-09-2025 2/3 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. As per the Letter No. 75/2025, charge has been framed on 11.11.2024 and the case is pending for prosecution evidence and summon issued to the witnesses on 27.11.2024 and no any witnesses have been examined by Special.P.P. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.01.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner. It is further stated that the seized contraband is more than the commercial quantity i.e. 300 gm of brown sugar. It is further stated that the petitioner had no any valid authorization for keeping the said contraband. Earlier regular bail of the petitioner was rejected by this court vide order dated 01.08.2024 passed in Cr. Misc. No. 42642/2024.
6. As per Section 37 of the N.D.P.S. Act, the two conditions are that the Court should be satisfied with :- (i) There are reasonable grounds for believing that the accused is not guilty of such offence; and (ii) He is not likely to commit any offence while on bail.
7. If either of these two conditions is not satisfied, the
Patna High Court CR. MISC. No.7470 of 2025(4) dt.17-09-2025 3/3 bar operates and the accused cannot be released on bail. The Court is of the opinion that the parameters of bail available under Section 37 of the Act have not satisfied in the facts of the instant case. The Hon'ble Supreme Court in the case of Narcotics Control Bureau v. Mohit Aggarwal 2022 SCC OnLine SC 891 has held that "The length of the period of his custody or the fact that the charge-sheet has been filed and the trial has commenced are by themselves not considerations that can be treated as persuasive grounds for granting relief to the respondent under Section 37 of the N.D.P.S. Act."
8. Considering the aforesaid facts and circumstances of the case as well as the recovery of commercial quantity of brown sugar from the possession of the petitioner, I am not inclined to enlarge the petitioner above-named on bail.
9. The application stands rejected.
(Chandra Prakash Singh, J) atul/- U T