Patna High Court
Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted in the present NDPS case.
Summary
Arvind Kumar applied for regular bail in a case under Sections 8(c), 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where the prosecution alleged that 0.92 gram of a smack‑like substance was recovered from his possession. The petitioner contended that nothing was seized from him and that the seizure list, prepared by police officers, violated Section 105 of the Bihar Narcotic Substances (Suppression) Act. He also highlighted his clean criminal record and that he had been in judicial custody since 28‑11‑2025. The State opposed bail. After hearing both sides, the court found the quantity to be small, noted the procedural irregularity, and considered the petitioner’s lack of antecedents, and therefore ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted in an NDPS case involving a small quantity of narcotic material.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances (Suppression) Act affects the grant of bail.
- Whether the petitioner’s clean antecedent and period of custody justify regular bail.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 8(c)
Subjects
- NDPS Act
- bail
- small quantity
- procedural lapse
- Section 105
- criminal antecedent
- narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10447 of 2026
Arising Out of PS. Case No.-154 Year-2025 Thana- NAKARDEI District- East Champaran
======================================================
Arvind Kumar S/O Late Birbahadur Pandit Resident of village and P.S.-
Nakardei, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 8(c), 21(b)
& 29 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, altogether 0.92 gram of smack
like material was recovered.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the possession of this
petitioner. Learned counsel for the petitioner has further
submitted that the witnesses of the seizure list are police
personnel and police has not complied Section 105 of the
BNSS. It has further been submitted that the alleged contraband
Patna High Court CR. MISC. No.10447 of 2026(2) dt.23-02-2026
2/2
which is alleged to be recovered from the possession of this
petitioner is of small quantity. Learned counsel for the petitioner
has further submitted that the petitioner is having no criminal
antecedent and he is languishing in judicial custody since
28.11.2025.
5. Learned APP for the State has vehemently opposed
the 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 released on bail in connection with
Nakardei P.S. Case No. 154 of 2025, N.D.P.S. G.R. Case no.168
of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Sessions Judge/Special Judge, East Champaran,
Motihari.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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