Abbas Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78518 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- KODHOBARI District- Kishanganj ====================================================== Abbas Ali S/o Abdul Salam R/o Village - Laxmipur Naya Hat, Ward no. 1, P.S - Kodhobari, District -Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-02-2026 Heard learned Senior counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8(c), 21(b) of the N.D.P.S. Act.

3. As per the prosecution case, on secret information, the informant along with joint team conducted raid at the house of the petitioner and during search, 52.6 grams of brown sugar was recovered from vehicle of the petitioner.

4. Learned Senior counsel for the petitioner submits that a false recovery of 52.6 gram of brown sugar has been shown from the vehicle of which the petitioner is the owner. However, the recovery is more than small quantity but

Patna High Court CR. MISC. No.78518 of 2025(5) dt.27-02-2026 2/3 much less than commercial quantity. It is also submitted that the process of search and seizure was not conducted in the presence of any independent witnesses and the mandatory provisions of the N.D.P.S. Act was also not complied. The petitioner is in custody since 19.06.2025 and charges have been framed on 22.01.2026.

5. Learned APP for the State opposed the grant of bail on the ground that the present case relates to N.D.P.S. Act and the petitioner has two criminal antecedents and one of them is also under the N.D.P.S. Act. In response it has been submitted that the case under N.D.P.S. Act is of the year 2017 and the petitioner is on bail in both the cases.

6. Taking into consideration the facts and circumstances and also considering the quantum of recovery and the charges having been framed, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judgecum-Special Judge, NDPS Act, Kishanganj/concerned Court below in connection with Kodhobari P.S. Case No. 51 of 2025 subject to condition that:- (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his

Patna High Court CR. MISC. No.78518 of 2025(5) dt.27-02-2026 3/3 wife.

(ii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(iii) In case the petitioner is accused in any other case under the provisions of NDPS Act, the learned Court concerned shall be at liberty to cancel the bail bond of the petitioner in the present case also.

(Soni Shrivastava, J) anand/- U T