Abdullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87906 of 2025 Arising Out of PS. Case No.-189 Year-2025 Thana- R S P.S. District- Araria ====================================================== Abdullah S/o Md Safique @ Md. Shafique Resident of 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. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 30-01-2026 Heard Mr. Ranjeet Choubey, learned counsel for the petitioner and Mr. Arun Kumar, 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) & 21(b) of the NDPS Act.

3. The case of the prosecution in short is that from a rented house, altogether 90 gram of smack like substance 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. Nothing has been recovered from the conscious possession of the petitioner. The witnesses of the seizure list are police personnel. The police has not followed Section 105 of the BNSS while making the

Patna High Court CR. MISC. No.87906 of 2025(3) dt.30-01-2026 2/2 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. Similarly situated other co-accused person has already been granted bail by this court passed in Cr. Misc. No. 88810 of 2025. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 14.10.2025.

5. The application for bail is opposed by learned APP for the State.

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) Sudhanshu/- U T