Wasim Alam @ Md. Wasim @ Oyashim Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79807 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- RAUTARA District- Katihar ====================================================== Wasim Alam @ Md. Wasim @ Oyashim Alam S/o- Jahoor Ali @ Johar Ali Resident of village- Imam Jagir, Dashin Raiupur PS- Kalichak Distt- Malda WB ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Musowir, Advocate For the Opposite Party/s :
Mr.Upendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Rautara P.S. Case No. 88 of 2025, instituted for the offences under Sections 8(c), 21(c), 22(c) and 29 of the NDPS Act.
3. Prosecution allegation, in short, is that total 14 sachet of 01.424 Kg of smack (Brown sugar) has been recovered in this case. Out of which 411.27 grams of smack has been recovered from the possession of the petitioner.
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 11.06.2025 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Learned
Patna High Court CR. MISC. No.79807 of 2025(2) dt.01-12-2025 2/2 counsel further submits petitioner along with other three persons have been arrested on the spot.
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.
(Rudra Prakash Mishra, J) manish/- U T