Md. Ammar Alam @ Ammar @ Amar @ Ammar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27095 of 2026 Arising Out of PS. Case No.-15 Year-2026 Thana- R S P.S. District- Araria ====================================================== 1.

Md. Ammar Alam @ Ammar @ Amar @ Ammar Alam S/O Wajuddin @ Wazuddin Resident of Hariyabara, Ward No 5, PS- Araria R S, DistrictAraria 2.

Md. Aftab Arju @ Md. Aftab Aarju @ Md. Aftab Aarjoo @ Aftab S/O Musabbir @ Md. Musabbir Resident of Rajokhar, Ward No 1, PS- Araria R S, 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. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-07-2026 Heard Mr. Ranjeet Choubey, learned counsel for the petitioners and Mr. Jai Narain Thakur, learned Additional Public Prosecutor for the State.

2. Petitioners seeks bail who are in custody since 25.01.2026 in connection with Araria R.S. P.S. Case No. 15 of 2026, F.I.R. dated 24.01.2026 for the offences punishable under Sections 8(c) and 21(b) of the NDPS Act.

3. Recovery is of 44 grams of Smack.

4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that there is non-compliance of mandatory provisions of Section 42 and 50 of the NDPS Act. As the recovered quantity of contraband is

Patna High Court CR. MISC. No.27095 of 2026(3) dt.08-07-2026 2/2 less than the commercial quantity, so there is no embargo under Section 37 of the NDPS Act.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that altogether 44 grams of Smack like substance was recovered from the possession of the petitioners and result of examination in the FSL report says that "6Monoacetylmorphine (6-MAM) & Codeine" detected in the contents of ziplock bag marked 'A' as described above. "6Monoacetylmorphine (6-MAM) & Codeine" is highly addictive, psychotropic and narcotics drug.

6. Considering the aforesaid facts and circumstances that the recovery of the said contraband has been made from the possession of the petitioners and FSL report also confirms the same, I am not inclined to enlarge the petitioner on bail in connection with Araria P.S. Case No. 15 of 2026 pending in the court of learned Sessions Judge-cum-Special Judge, NDPS Act, Araria.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T