Md. Saddam @ Saddam Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46839 of 2026 Arising Out of PS. Case No.-173 Year-2026 Thana- POTHIYA District- Kishanganj ====================================================== Md. Saddam @ Saddam Ansari S/o Md. Jaleem @ Md. Jalil Ansari R/o Village - Chhatargachch, Ward No. 1, P.S - Paharkatta, District - Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Pothia P.S. Case No. 173 of 2026 instituted for the offences under Sections 21(c), 25, 29 of the NDPS Act.
3. Prosecution allegation, in short, is that total 515.670 grams of heroin/brown sugar has been recovered in this case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 26.04.2026 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Learned counsel further submits that though the total recovery of brown
Patna High Court CR. MISC. No.46839 of 2026(2) dt.21-07-2026 2/2 sugar is allegedly 515.67 grams but, out of which only 103.650 grams has been recovered from the possession of the petitioner. He further contends that there is no material to prove that the allegedly recovered contraband is heroine.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act.
6. Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected.
8. Learned Trial Court is directed to conclude the trial in expeditious manner without any undue delay and unnecessary adjournment.
(Rudra Prakash Mishra, J) Alok Verma/- U T