Patna High Court
Santosh DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
Santosh Das was arrested in connection with the recovery of 7.240 kg of ganja from his handbag and charged under sections 8, 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner claimed he was falsely implicated, asserted that the contraband was not in his conscious possession and that the police had not complied with Section 105 of the Bihar Narcotic Substances Act while making the seizure. He also highlighted that the quantity, though more than a small amount, was far below commercial quantity and that he had no prior criminal record, having been in judicial custody since 16‑11‑2025. The State opposed the bail application. Considering the facts, the court found merit in the petitioner's contentions and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted in an NDPS case where the seized quantity exceeds the small‑quantity threshold but is less than commercial quantity.
- Whether procedural non‑compliance with Section 105 of the Bihar Narcotic Substances Act warrants bail.
- Whether the petitioner’s lack of prior criminal antecedents and claim of no conscious possession affect bail eligibility.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 29, 8
Subjects
- bail
- NDPS Act
- narcotics
- seizure
- procedural lapse
- quantity threshold
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11537 of 2026
Arising Out of PS. Case No.-665 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Santosh Das S/O Kuldeep Das R/O Village- Mallikpur, P.S- Raghopur, Distt.-
Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar , Advocate
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-03-2026 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, 20 (b)
(ii) (c) and 29 of the NDPS Act.
3. The case of the prosecution is that from the
handbag of this petitioner altogetyher 7.240 K.G. of ‘ganja’ like
contraband was 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
nothing has been recovered from the conscious possession of
this petitioner. It is further submitted that all the witnesses to the
seizure list are police personnel and police have not followed
Patna High Court CR. MISC. No.11537 of 2026(2) dt.10-03-2026
2/2
the provision of Section 105 of the BNSS while making the
seizure. It is further submitted that the alleged recovery of
contraband is though more than small quantity but much less
than commercial quantity. Moreover, the petitioner is
languishing in judicial custody since 16.11.2025 having no
criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular 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 Goraul P.S. Case No. 665 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 & Sessions Judge/Special Judge NDPS,
Vaishali at Hajipur.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.