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Patna High Court

Saurabh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Saurabh Kumar, applied for regular bail in a case under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, alleging that no contraband was recovered from his possession, only a mobile phone, while 7.91 grams were seized from another accused, Suman Kumar. The petitioner asserted that the quantity involved is far below commercial levels, he has no prior criminal record, and has been in judicial custody since 25 November 2025. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court considered the small quantity, lack of personal recovery, and the petitioner's clean antecedent, and decided to grant bail. He was ordered to be released on a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Principal Sessions Judge, Begusarai.

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act for alleged possession of a small quantity of contraband.
  • Whether the absence of contraband from the petitioner's personal possession and his clean antecedent justify bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • possession
  • small quantity
  • criminal antecedent
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12166 of 2026
                     Arising Out of PS. Case No.-132 Year-2025 Thana- MANJHAUL District- Begusarai
                 ======================================================
                 Saurabh Kumar S/o- Nipun Singh @ Nipun Kumar R/v- Pubari Tola W.No-7,
                 Ps- Manjhaul Dist- Begusarai
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Keshab Raj, Advocate
                                                  Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   18-03-2026                   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(c) and

                   21(b) of the N.D.P.S. Act.

                                 3. The case of the prosecution, in short, is that from

                   possession of this petitioner and others altogether 7.91 gm. of

                   smack like contraband was recovered. It has further been

                   submitted that nothing has been recovered from the possession

                   of this petitioner. Actually only mobile was recovered from the

                   possession of this petitioner. Recovery was made from the

                   possession of one Suman Kumar.

                                 4. Learned counsel for the petitioner submits that

                   Suman Kumar has already been granted bail by the learned Co-
            Patna High Court CR. MISC. No.12166 of 2026(3) dt.18-03-2026
                                                        2/2




                      ordinate Bench vide Cr. Misc. No. 6553 of 2026. Learned

                      counsel for the petitioner has further submitted that in any view

                      of the matter recovery of alleged contraband is though more

                      than small quantity but is much less than the 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 25.11.2025.

                                   5. Learned APP for the State has vehemently opposed

                      the bail.

                                   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 released on bail in connection with

                      Manjhaul P.S. Case No. 132 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 Sessions Judge,

                      Begusarai.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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