Patna High Court

Babloo Sao @ Bablu SawversusThe State of Bihar

Decided: 9 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Babloo Sao, was arrested in connection with a case under sections 21 and 22(b) of the NDPS Act after police seized a large quantity of narcotic injections from a tempo. He contended that the contraband was recovered from the vehicle, not from his personal possession, and that the tempo did not belong to him, asserting his innocence and lack of prior criminal record. The prosecution relied on the confidential tip and the seizure of the drugs as the basis for the charge. The petitioner argued that the quantity, though more than a small amount, was far below commercial quantity and therefore did not attract the stringent provisions of the NDPS Act. The court examined these facts and, noting the absence of evidence linking the petitioner directly to the drugs and his clean record, decided to grant regular bail. He was released on a bail bond of Rs.10,000 with two sureties of the same amount each.

Issues considered

Whether the petitioner is entitled to regular bail under sections 21 and 22(b) of the NDPS Act given the circumstances of the seizure and his alleged lack of possession.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22(b)

Subjects

bail
NDPS Act
section 21
section 22(b)
contraband seizure
regular bail
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11150 of 2026
                      Arising Out of PS. Case No.-1299 Year-2025 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Babloo Sao @ Bablu Saw S/o Late Kameshwar Sao R/o Village -
                 Mahammadpur, Police Station - Barh, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raj Krishna Jha, Advocate
                 For the Opposite Party/s :       Mr.Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   09-04-2026                       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 21 and 22

                   (b) of the NDPS Act.

                                3.     The case of the prosecution, in brief, is that the

                   police received confidential information that contraband

                   substances were being transported in a tempo. Acting upon such

                   information, the police reached near Gur Ki Mandi, whereupon

                   one person, on seeing the police, attempted to flee from the said

                   tempo but was apprehended. Upon search of the tempo, alleged

                   contraband articles, namely Leegesic injections (750 ampoules),

                   silent injections (2 ml, 1,400 ampoules), and Avil (2 ml, 590
Patna High Court CR. MISC. No.11150 of 2026(4) dt.09-04-2026
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          ampoules), were recovered.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that

          from a perusal of the seizure list, it would transpire that no

          contraband has been recovered from the conscious possession of

          the petitioner; rather, the alleged recovery has been made from

          the tempo. It is further submitted that the said tempo does not

          belong to the petitioner and he has been falsely implicated in the

          present case. It is also contended that the alleged recovery,

          though more than small quantity, is much less than the

          commercial quantity, and as such, the stringent provisions are

          not attracted in the present case. The petitioner is in custody

          since 15.12.2025 and has no criminal antecedent having no

          criminal antecedent.

                       5. Learned APP has opposed the prayer for bail.

                       6. Considering the aforesaid 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 Alamganj P.S. Case No. 1299 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
            Patna High Court CR. MISC. No.11150 of 2026(4) dt.09-04-2026
                                                        3/3




                      Principal District and Sessions Judge cum Special Judge, NDPS,

                      Patna.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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