Patna High Court
Navin Gope @ Navin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that bail should be granted to the accused, subject to conditions, as the seizure was irregular and no incriminating article was found in his possession.
Summary
The Patna High Court entertained a bail petition filed by Navin Gope, who was charged under Sections 20(B) and 22(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for the alleged possession of 10.5 kg of ganja recovered from the premises of Bharat Gas Agency, a property owned by him. The petitioner contended that no narcotic was found in his conscious physical possession, that he had been in custody since 24 September 2025, and that he possessed a clean antecedent, making him unlikely to abscond or tamper with evidence. The State opposed the bail, citing the seriousness of the offence. The Court observed that the seizure memo was not signed by two independent witnesses, raising doubts about the legality of the seizure, and noted that the investigation was complete with a charge‑sheet already filed. Considering these factors, the Court granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of personal surety, court attendance, and possible cancellation on breach or future similar offences.
Issues considered
- Whether bail can be granted to an accused under Sections 20(B) and 22(b) of the NDPS Act when the seized narcotic was found on the accused’s premises but not in his conscious possession
- Whether the absence of two independent witnesses on the search and seizure memo vitiates the seizure and warrants bail
- Whether the petitioner’s clean antecedent and prolonged pre‑trial detention justify bail despite the gravity of the drug offence
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B), 22(b)
Subjects
- NDPS Act
- Section 20(B)
- Section 22(b)
- bail
- search and seizure
- criminal procedure
- pre‑trial detention
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11598 of 2026
Arising Out of PS. Case No.-167 Year-2025 Thana- BELCHHI District- Patna
======================================================
Navin Gope @ Navin Kumar S/O Yogendra Prasad @ Yogendra Prasad
Yadav R/O Village- Belchhi, P.S.- Belchhi, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Adv.
For the State : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Belchhi P.S. Case No. 167 of 2025, registered for the offence
punishable under Sections 20(B), 22(b) of NDPS Act.
3. As per allegation, 10.5 kg of ganja was recovered
from the premises of the building, namely Bharat Gas Agency,
which belongs to the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. No incriminating article has been recovered from his
conscious physical possession. The petitioner has remained in
custody since 24.09.2025 and is a person of clean antecedent.
He is a man of means and there is no chance of his absconding
Patna High Court CR. MISC. No.11598 of 2026(3) dt.19-03-2026
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and tampering with the evidence. He further submits that the
petitioner is ready to abide by the conditions which may be
imposed by this Court.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Considering the fact that the ganja has been
recovered from the premises of the building, namely Bharat Gas
Agency, which belongs to the petitioner but nothing has been
recovered from his conscious physical possession and further
that the petitioner has remained in custody since 24.09.2025 and
is a person of clean antecedent and also the fact that search and
seizure memo has not been signed by two independent
witnesses which puts a question mark on legality and validity of
the seizure itself and finally taking note of the fact that the
investigation stands completed and charge-sheet has already
been filed, let the petitioner above named, is directed to be
released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection with Belchhi P.S. Case
No. 167 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
Patna High Court CR. MISC. No.11598 of 2026(3) dt.19-03-2026
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close relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates
without substantial reason or in violation of the terms of the
bail, the bail bond of the petitioner will be liable to be cancelled
by the Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
7. Accordingly, the prayer for bail is allowed.
(Alok Kumar Sinha, J)
kundan/-
U T
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