Tabrej @ Tabrez v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88810 of 2025 Arising Out of PS. Case No.-189 Year-2025 Thana- R S P.S. District- Araria ====================================================== Tabrej @ Tabrez, S/o- Altaf @ Iltaf, Resident of Village- Lahna Gosaibari, Ward No.- 15, P.S. and District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Choubey, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with R.S. P.S. Case No. 189 of 2025 registered for the offence punishable under Sections 8(c) and 21(b) of N.D.P.S. Act.
3. The case of the prosecution, in short, is that from a rented house, altogether 90 gram of smack like object was recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He is not the tenant in that house. It has further been submitted that nothing has been recovered from his possession. The witnesses of the seizure list are police personnel. The police
Patna High Court CR. MISC. No.88810 of 2025(2) dt.06-01-2026 2/2 has not followed Section 105 of the B.N.S.S. while making the seizure. It has also been submitted that the alleged quantum of the contraband which is said to be recovered is though more than small quantity but is much less than commercial quantity. Petitioner is having no criminal antecedent and he is in judicial custody since 14.10.2025.
5. Learned APP appearing for the State has vehemently opposed the application for bail.
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 learned Special Judge, NDPS Act, Araria in connection with R.S. P.S. Case No. 189 of 2025.
(Ashok Kumar Pandey, J) lata/- U T