Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Santosh Kumar, sought bail in a case where police alleged he possessed 51 grams of heroin and a mobile phone, charging him under Sections 8(c), 21(b) and 28 of the NDPS Act and Section 78 of the JJB Act. The prosecution argued the seizure was lawful, while the petitioner’s counsel contended that the seizure violated Section 105 of the BNSS, that the quantity was below commercial levels, and that the petitioner had no prior criminal record and had been in judicial custody since 15‑11‑2025. The court examined the procedural aspects of the seizure, the quantity involved, and the petitioner’s antecedents. Finding no compelling reason to deny bail and noting the petitioner’s lack of criminal history, the court ordered bail on the condition of a Rs.10,000 bond with two sureties. The bail order was directed to be executed by the Sessions/Special Judge (NDPS), Patna.
Issues considered
- Whether the petitioner is entitled to bail despite alleged possession of 51 g of heroin.
- Whether the seizure complied with Section 105 of the BNSS.
- Whether the quantity seized qualifies as 'small quantity' under the NDPS Act.
- Whether the petitioner’s lack of prior criminal antecedent warrants bail.
Legislation cited
- BNSS — s. 105
- Juvenile Justice (Care and Protection of Children) Act — s. 78
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 28, 8(c)
Subjects
- bail
- NDPS Act
- heroin possession
- seizure procedure
- quantity of narcotic
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12079 of 2026
Arising Out of PS. Case No.-659 Year-2025 Thana- KOTWALI District- Patna
======================================================
Santosh Kumar S/o Shambhu Mandal Resident of Mohalla- Chhajubagh,
Hindi Bhawan, Police Station- Kotwali, District- Patna Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, 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 Kotwali P.S. Case No. 659 of 2025 registered for the
offence punishable under Sections 8(c), 21(b) & 28 of the NDPS
Act and under Section 78 of the JJB Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner altogether 51 gm of heroin
(smack) and a mobile was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the petitioner is innocent and has
committed no offence. Learned counsel for the petitioner has
further submitted that nothing has been recovered from the
possession of this petitioner. Learned counsel for the petitioner
has further submitted that the witnesses of the seizure list are
Patna High Court CR. MISC. No.12079 of 2026(3) dt.23-03-2026
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police personnel and police have not complied Section 105 of
the BNSS while making seizure. It has further been argued that
the alleged recovery of contraband is though more than small
quantity but less than commercial quantity. Learned counsel for
the petitioner has further submitted that the petitioner is having
no criminal antecedent and he is in judicial custody since
15.11.2025.
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
Sessions Judge/Special Judge (NDPS), Patna in connection with
Kotwali P.S. Case No.659 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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