Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding that procedural lapses and the modest quantity of narcotics did not preclude release on bail.
Summary
The petitioner, Dhiraj Kumar, was arrested in connection with NDPS Case No. 51 of 2025 for alleged possession of 112 grams of contraband. He applied for bail, contending that the investigating police failed to serve a Section 50 notice under the NDPS Act and did not comply with Section 105 of the Bihar Narcotic Substances Act, and that the quantity seized was far below commercial levels. The State opposed the bail, emphasizing the seriousness of the offence. The Court examined the procedural lapses, the modest quantity involved, and the petitioner’s clean criminal record. Considering these factors, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be recorded before the District and Additional Sessions Judge‑cum‑Special Judge, NDPS Act, Begusarai.
Issues considered
- Whether bail can be granted in an NDPS case where the accused alleges non‑compliance with Section 50 notice requirements.
- Whether failure to comply with Section 105 of the Bihar Narcotic Substances Act affects bail eligibility.
- Whether the quantity of narcotic seized (112 gm) being less than commercial quantity justifies bail.
- Whether the petitioner’s lack of prior criminal antecedent warrants bail.
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 105, 11
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 17(c), 18(c), 21(c), 29, 31, 50, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- Section 50 notice
- Section 105
- quantity of contraband
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12036 of 2026
Arising Out of PS. Case No.-49 Year-2025 Thana- Chakia District- Begusarai
======================================================
Dhiraj Kumar S/o- Angad Singh R/v- Chak Ps- Matihani Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
Mr. Abhishek Kumar, Advocate
Mr. Ravi Kant, Advocate
Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 23-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with N.D.P.S. Case No. 51 of 2025, arising out of Chakiya P.S.
Case No.49 of 2025 registered for the offence punishable under
Section 11 of the BNS and under Sections 8(c), 17(c), 18(c),
21(c), 29 and 31 of the NDPS Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner altogether 112 gm of smack like
contraband was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that this is a case under NDPS Act and
from perusal of the FIR it is clear that the body of the petitioner
Patna High Court CR. MISC. No.12036 of 2026(3) dt.23-03-2026
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was searched but notice of Section 50 was not served. It has
been mentioned only for the purpose of compliance, actually no
notice was served. It has further been submitted that nothing has
been recovered from the possession fo 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 recovery of the contraband is though
more than small quantity but is much less than commercial
quantity. Learned counsel for the petitioner has submitted that
the petitioner is having no criminal antecedent and he is in
judicial custody since 10.08.2025.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned court of
District and Additional Sessions Judge 1st -cum- Special Judge,
NDPS Act and P.O. Children Court, Begusarai in connection
Patna High Court CR. MISC. No.12036 of 2026(3) dt.23-03-2026
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with NDPS Case No. 51 of 2025, arising out of Chakiya P.S.
Case No.49 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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