Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner on condition of a bail bond and sureties.
Summary
Sonu Kumar was arrested in connection with a case under Sections 8(c) and 21(b) of the NDPS Act after 15.73 g of a smokable narcotic was seized from three persons riding a bike; the petitioner was not present at the seizure. He contended that the police failed to comply with Section 105 of the BNSS while making the seizure and that the quantity seized, though more than a ‘small quantity’, was far below a commercial quantity. He had been in judicial custody since 9 October 2025 and sought regular bail, arguing lack of personal possession and procedural irregularities. The State opposed bail, citing a prior similar offence. After hearing both sides, the court held that the procedural lapse and the modest quantity justified granting bail, subject to a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for alleged possession of a quantity less than commercial quantity.
- Whether non‑compliance with Section 105 of the BNSS in the seizure process warrants bail.
- Whether the petitioner’s prior similar offence justifies denial of bail.
Legislation cited
- Bihar Narcotic Substances and Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- possession
- procedural lapse
- small quantity
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10507 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Sonu Kumar Son of Late Shankar Yadav @ Arjun Singh Resident of Village -
Rupauli, P.S. - Rupauli, Distirct - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, 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) and
21(b) of the NDPS Act.
3. The case of the prosecution, in short, is that from
three persons altogether 15.73 gm of smack like material was
recovered.
4. Learned counsel for the petitioner submits that it is
the case of the prosecution that three persons on a bike were
going and from them this contraband was recovered, actually
the petitioner was not there. Learned counsel for the petitioner
has further submitted that the petitioner has been implicated by
the police. It has further been submitted that nothing has been
Patna High Court CR. MISC. No.10507 of 2026(2) dt.23-02-2026
2/2
recovered from the possession of the petitioner. The witnesses
of the seizure list are police personnel and police has not
complied Section 105 of the BNSS while making seizure. In any
view of the matter the contraband which has been alleged to be
recovered is though more than small quantity but is much less
than commercial quantity. Learned counsel for the petitioner has
further submitted that the petitioner is languishing in judicial
custody since 09.10.2025.
5. Learned APP for the State has vehemently opposed
the bail and has submitted that the petitioner is having criminal
antecedent of one case of similar nature.
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
Kursela P.S. Case No. 228 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 Principal District and
Sessions Judge, Katihar.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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