Md. Afak @ Afak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49597 of 2026 Arising Out of PS. Case No.-227 Year-2026 Thana- PALASI District- Araria ====================================================== MD. AFAK @ AFAK S/o Md. Aklim @ Aklim R/o vill - Barhat, ward no. 3, P.S.- Palasi, Distt.- Araria, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Palasi P.S. Case No. 227 of 2026, instituted for the offences punishable under Sections 8(c), 20(b)(ii) and 22(c) of the NDPS Act.

3. Prosecution allegation, in short, is that there is recovery of 193 gram of smack from the room of co-accused Rahul Yadav.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.49597 of 2026(2) dt.22-07-2026 2/3 the petitioner also submits that the petitioner has got no concern with the alleged recovery of smack. It is further submitted that no any alleged contraband has been recovered from the possession of the petitioner. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 27.05.2026 and has got six criminal antecedents. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Palasi P.S. Case No. 227 of 2026, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.49597 of 2026(2) dt.22-07-2026 3/3 fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner will not tamper with the evidence or the witnesses during the trial.

(IV) Petitioner shall not commit offence of similar nature in future.

If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T