Amjad Nafees v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37056 of 2026 Arising Out of PS. Case No.-27 Year-2026 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== Amjad Nafees S/o Md. Kabir Alam Resident of Villge - Jamua, P.S.- Dhaka, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Barauni Rail P.S. Case No.27 of 2026 registered for the offence punishable under Sections 8(c), 21(b) and 31 of the NDPS Act.

3. The case of the prosecution, in short, is that altogether 23.38 gm. brown sugar was recovered from the possession of this petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that nothing has been recovered from the possession of this petitioner. It has further been submitted that the witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while making seizure. It has been submitted that while making

Patna High Court CR. MISC. No.37056 of 2026(2) dt.15-06-2026 2/2 seizure, police has also not complied Section 50 of the NDPS Act. It has further been submitted that the alleged recovery of the contraband is though more than small quantity but is much less than commercial quantity. It has been submitted that the petitioner is having no criminal antecedent and is in judicial custody since 04.02.2026.

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

6. 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 court of learned Principal Sessions Judge, Begusarai in connection with Barauni Rail P.S. Case No.27 of 2026.

(Ashok Kumar Pandey, J) durgesh/- U T